Opinion
Appellate case number: 01-14-00198-CV Trial court case number: 2012-04204J
05-15-2014
In the Interest of B.M.D., aka B.D., and K.J.H. v. Department of Family Protective Services
ORDER
Trial court: 315th District Court of Harris County
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, William Thursland, 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 believes 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:_Rebeca Huddle
X Acting individually [ ] Acting for the Court