Whitaker v. State

Full title: Dave Whitaker v. The State of Texas

Court: COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Oct 10, 2013

Appellate case number: 01-13-00257-CR (Tex. App. Oct. 10, 2013)

Opinion

Appellate case number: 01-13-00257-CR Trial court case number: 1350821

2013-10-10

Dave Whitaker v. The State of Texas

Sherry Radack

ORDER

Trial court: 174th District Court of Harris County, Texas

Appellant's counsel filed a brief concluding that the above-referenced appeal is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Counsel has not, however, filed a motion to withdraw from representation.

If appointed counsel believes that an appeal is frivolous, counsel must request permission to withdraw. See id. An Anders brief must accompany a motion to withdraw, neither the brief nor the motion may be filed on its own. See id.; In re Schulman, 252 S.W.3d 403, 406-08 (Tex. Crim. App. 2008).

Accordingly, we order appellant's appointed counsel, J. Sidney Crowley, to file with the Clerk of this Court within 10 days of the date of this order a motion to withdraw that complies with Texas Rules of Appellate Procedure 6.5 and 9 if he believe that an appeal is frivolous. See TEX. R. APP. P. 6.5, 9; Schulman, 252 S.W.3d at 410, 412.

It is so ORDERED. Judge's signature: Sherry Radack

[x] Acting individually [ ] Acting for the Court