Curtis, Lydia L. v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2013
• Docket: 05-12-00032-CR
• Status: Published

Opinion

Order entered January 31, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00032-CR

LYDIA L. CURTIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-82230-08

ORDER The Court ORDERS this appeal removed from submission on January 29, 2013.

Appellant’s counsel filed a brief on April 30, 2012 that purports to be an Anders brief.

However, the brief does not fully comply with the requirements of Anders v. California.

Specifically, although counsel states appellant waived a jury, was found competent to stand trial,

and that certain motions were filed, the brief does not analyze those issues and the law related to

the trial court’s rulings. Moreover, appellant did not file a motion to withdraw as counsel that

complies with Texas Rule of Appellate Procedure 6.5(a) and (b). Accordingly, we STRIKE the

appellant’s brief filed on April 30, 2012. We ORDER counsel to file, within THIRTY DAYS of the date of this order, either a

motion to withdraw as counsel supported by a brief that complies with the requirements of

Anders v. California or a brief that raises issues on the merits.

We DENY appellant’s January 2, 2013 motion for appointment of new counsel.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to

Courtney Miller and the Collin County District Attorney’s Office.

/s/ ROBERT M. FILLMORE PRESIDING JUSTICE