Opinion
NO. 14-13-00351-CR
05-06-2014
TUAN TRUNG TA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 1282590
ORDER
Retained counsel, Stanley G. Schneider, filed a brief under the authority of Anders v. California, 386 U.S. 738(1967). Counsel failed to file a motion to withdraw. See Tex. R. App. P. 6.5. Notice was sent on April 10, 2014, but as of this date no response has been filed.
The procedural safeguards of Anders and its progeny do not apply to retained attorneys and a retained attorney is not required to file an Anders brief. Nguyen v. State, 11 S.W.3d 376, 379 (Tex. App.—Houston [14th Dist.] 2000, no pet.). Any Anders brief filed by a retained attorney will be stricken. Id.
Accordingly, Stanley G. Schneider is ordered to file a motion to withdraw in compliance with Rule 6.5 of the Texas Rules of Appellate Procedure in this court within ten (10) days of the date of this order. Appellant's brief filed March 13, 2014, is ordered stricken.
PER CURIAM
Panel consists of Justices Christopher, Jamison and McCally (J. McCally joins only in the portion of the order striking appellant's brief).