On the other hand, if we determine that the appeal is not wholly frivolous, we will permit [a defendant's] present counsel to withdraw, appoint other counsel to represent him in his appeal , and allow time for new counsel to file an amended petition for appeal. Brown v. Warden of Va. State Penitentiary , 238 Va. 551, 555-56, 385 S.E.2d 587 (1989) (emphases added). Likewise, in Akbar v. Commonwealth , 7 Va. App. 611, 612, 376 S.E.2d 545 (1989), this Court referred to counsel's motion to withdraw because of "his assessment that the appeal is frivolous."

Where, as here, counsel "has complied with a valid state procedure for determining whether the defendant's appeal is frivolous, and the State has not at any time left the defendant without counsel on appeal, there is no reason to presume that the defendant has been prejudiced," and the Court applies Strickland analysis to a petitioner's ineffective assistance of counsel claim. Smith v. Robbins, 528 U.S. 259, 286 (2000); see also Brown v. Warden of Virginia State Penitentiary, 238 Va. 551, 556 (1989) (in Virginia, appellate counsel complies with Anders by advising the Court of Appeals of Virginia he determined an appeal would be wholly frivolous, by requesting permission to withdraw, and by filing "a petition for appeal identifying anything in the record that arguably might support the appeal"). (VSCT at 557).