Opinion
Appellate case numbers: 01-13-00894-CR Appellate case numbers: 01-13-00895-CR Trial court case number: 1325689 Trial court case number: 1325690
06-10-2014
Julio Alvarado v. The State of Texas
MEMORANDUM ORDER
Trial court: 232nd District Court of Harris County
Appellant's court-appointed counsel filed a brief concluding that the above-referenced appeals are 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 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. See TEX. R. APP. P. 6.5, 9; Schulman, 252 S.W.3d at 410, 412.
It is so ORDERED. Judge's signature: Michael Massengale
[×]Acting individually [ ] Acting for the Court