Roy Wayne Glenn v. State

IN THE
TENTH COURT OF APPEALS
No. 10-17-00128-CR
ROY WAYNE GLENN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2016-1796-C1
ORDER
An Anders brief was filed by appellant’s counsel on April 10, 2018. For the
following reasons, the brief is stricken.
First, the brief contains the name of the minor victim which is considered sensitive
data and must be redacted. See TEX. R. APP. P. 9.10.
Second, the brief does not provide the Court with an adequate basis to determine
that counsel has complied with the procedures when filing an Anders brief or has
provided the necessary information for the Court to determine that counsel has properly
informed appellant of the right to review the appellate record, the right to file a response
should appellant desire to do so, and the right to pursue a petition for discretionary
review. See Meza v. State, 206 S.W.3d 684, 689 n. 23 (Tex. Crim. App. 2006) (listing
counsel’s educational burdens).
Third, the required motion to withdraw was not filed with the brief. See In re
Schulman, 252 S.W.3d 403, 410 (Tex. Crim. App. 2008).
Counsel is advised to read the following cases and orders: Wilson v. State, 955
S.W.2d 693, 697 (Tex. App.—Waco 1997, order); Sowels v. State, 45 S.W.3d 690, 693 (Tex.
App. —Waco 2001, no pet.), overruled in part on other grounds, Meza v. State, 206 S.W.3d
684, 689 (Tex. Crim. App. 2006); and Stanley v. State, 523 S.W.3d 122 (Tex. App.—Waco
2015, order). This list of cases is not everything counsel will need to know to determine
what is required or not required to do when filing an Anders brief in this Court, but it will
provide the fundamentals and will be a guide to further research as needed.
Accordingly, appellant’s brief is stricken. Counsel is ordered to file a new brief
without sensitive data, file a motion to withdraw, and provide proof to the Court that
counsel has complied with the Anders procedures set out in the cases above within 14
days from the date of this order.
The failure of counsel to file a new brief in compliance with this order may result
in the Court abating this proceeding to the trial court pursuant to Rule 38.8 of the Texas
Glenn v. State Page 2
Rules of Appellate Procedure. TEX. R. APP. P. 38.8(b).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Brief stricken
Order issued and filed April 18, 2018
Glenn v. State Page 3