Tuan Trung Ta v. State

Opinion

Order filed May 6, 2014

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00351-CR ____________

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).