Order issued June 18, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00723-CR
NO. 01-12-00724-CR
NO. 01-12-00725-CR
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CHIKEVIA RENA ROBERTS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 337th District Court
Harris County, Texas
Trial Court Cause No. 1305295, 1305843, & 1305927
MEMORANDUM ORDER
Appellant, Chikevia Rena Roberts, pleaded guilty to two counts of burglary
of a habitation with intent to commit theft and one count of burglary of a building
with intent to commit theft. The trial court found appellant guilty of all three
offenses. Appellant appeals her convictions.
Appellant’s retained counsel has filed a motion to withdraw pursuant to
Texas Rule of Appellate Procedure 6.5 because counsel has reviewed the appellate
record and concluded that the appeal lacks merit and is frivolous.
Only an appointed counsel in a criminal appeal is required to file an Anders
brief if counsel determines that the appeal is without merit and is frivolous;
retained counsel is not required to do so. See Knotts v. State, 31 S.W.3d 821, 822
(Tex. App.—Houston [1st Dist.] 2000, order); Nguyen v. State, 11 S.W.3d 376,
378 (Tex. App.—Houston [14th Dist.] 2000, no pet.). A retained attorney, upon
determining that an appeal is frivolous, must so inform this Court and seek leave to
withdraw by filing a motion complying with Rule 6.5. See Knotts, 31 S.W.3d at
822; Nyuyen, 11 S.W.3d at 378. Counsel’s motion contains the information
required by Rule 6.5. See TEX. R. APP. P. 6.5. Accordingly, we grant counsel’s
motion to withdraw. See Nyuyen, 11 S.W.3d at 379–80.
Appellant has the right (1) to retain other counsel, or (2) to move for an
extension of time to file a pro se brief. See Knotts, 31 S.W.3d at 822. We notify
appellant at her last known address, as provided in counsel’s motion, that her brief
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is due in this Court no later than 30 days from the date of this order. Unless
appellant retains counsel who files a brief on or before that date, or unless by that
date a motion for extension of time to file a pro se brief is filed in this Court and
granted, this appeal will be set for submission and considered by the Court without
briefs on the record alone.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Bland.
Do not publish. TEX. R. APP. P. 47.2(b).
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