Gary Lee Reid v. State

IN THE
TENTH COURT OF APPEALS
No. 10-13-00364-CR
GARY LEE REID,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2012-2323-C2
ORDER
An Anders brief was filed by appellant’s counsel on January 21, 2014. No motion
to withdraw was filed with the Anders brief. A motion to withdraw must be filed before
we can proceed further with this appeal. In re Schulman, 252 S.W.3d 403, 412 (Tex. Crim.
App. 2008).
Further, the Court has not been presented with an adequate basis to determine
that counsel has complied with his “educational burdens” and fully informed the
appellant of the right to review the appellate record, to file a brief or other response,
and to file a pro se petition for discretionary review. See Meza v. State, 206 S.W.3d 684,
689 n. 23 (Tex. Crim. App. 2006) (discussion of counsel’s “educational burdens” when
filing an Anders brief); Ex parte Owens, 206 S.W.3d 670, 671 (Tex. Crim. App. 2006) (right
to file pro se pdr); 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) (right to review record and file a brief or other response).
Accordingly, counsel is ordered to file a motion to withdraw within 14 days from
the date of this order. Counsel is also ordered to provide to the Court, within 14 days
from the date of this order, some form of indication that counsel has provided appellant
with a copy of the motion to withdraw and fully informed the appellant of the right to
review the appellate record, the right to file a brief or other response, and the right to
file a pro se petition for discretionary review. Compliance with these “educational
burdens” may be in the form of a certificate attached to the motion to withdraw.
The failure to comply with the Court’s order will result in the striking of
appellant’s Anders brief.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed January 30, 2014
Reid v. State Page 2