Belinda Dawn Tidwell v. State ( 2012 )

Order issued December 28, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00298-CR
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BELINDA DAWN TIDWELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 177th District Court
Harris County, Texas
Trial Court Cause No. 1267425
MEMORANDUM ORDER
Appellant appeals her conviction for aggravated assault.
Appellant’s retained counsel has filed a motion to withdraw pursuant to
Texas Rule of Appellate Procedure 6.5 because counsel has reviewed the appellate
record and concluded that the appeal lacks merit and is frivolous.
Only an appointed counsel in a criminal appeal is required to file an Anders
brief if counsel determines that the appeal is without merit and is frivolous;
retained counsel is not required to do so. See Knotts v. State, 31 S.W.3d 821, 822
(Tex. App.—Houston [1st Dist.] 2000, order); Nguyen v. State, 11 S.W.3d 376,
378 (Tex. App.—Houston [14th Dist.] 2000, no pet.). A retained attorney, upon
determining that an appeal is frivolous, must so inform this Court and seek leave to
withdraw by filing a motion complying with Rule 6.5. See Knotts, 31 S.W.3d at
822; Nyuyen, 11 S.W.3d at 378.
Rule 6.5 requires that counsel, by copy of the motion, apprise appellant of
certain facts. See TEX. R. APP. P. 6.5(a)(1)-(4). Appellant’s retained counsel has
met the rule 6.5 requirements and certified to this Court that appellant has been
notified that she may exercise either (1) her right to retain other counsel, or (2) her
right to move for an extension of time to file a pro se brief. See Knotts, 31 S.W.3d
at 822.
Accordingly, we grant counsel’s motion to withdraw. See Nyuyen, 11
S.W.3d at 379–80.
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We notify appellant at her last known address, as provided in counsel's
motion, that her brief is due in this Court no later than 30 days from the date of this
order. Unless appellant retains counsel who files a brief on or before that date, or
unless by that date a motion for extension of time to file a pro se brief is filed in
this Court and granted, this appeal will be set for submission and considered by the
Court without briefs on the record alone.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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