Roy Wayne Glenn v. State ( 2018 )


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  •                                    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
    

Document Info

Docket Number: 10-17-00128-CR

Filed Date: 4/18/2018

Precedential Status: Precedential

Modified Date: 4/20/2018