Opinion
Appellate case number: 01-17-00074-CR
08-17-2017
Milton Earl Edgar, Jr. v. The State of Texas
ORDER Trial court case number: 1410624 Trial court: 230th District Court of Harris County
Appellant's brief was originally due on May 5, 2017. Three extensions were granted, but a fourth motion was denied and the appeal was abated and remanded to the trial court for a hearing. Appellant's counsel now has tendered an Anders brief, together with a motion for leave to file the late-filed brief.
The August 11, 2017 abatement order is withdrawn, and the appeal is now reinstated on the active docket.
In Anders brief's prayer for relief, counsel requests leave to file a motion to withdraw, but he has not filed a separate motion to withdraw. An Anders brief must accompany a motion to withdraw, neither the brief nor the motion may be filed on its own. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967); In re Schulman, 252 S.W.3d 403, 406-08 (Tex. Crim. App. 2008).
Accordingly, appellant's appointed counsel is ordered to file with the Clerk, within 10 days of the date of this order, a separate motion to withdraw that complies with Rules 6.5 and 9 of the Texas Rules of Appellate Procedure. See Schulman, 252 S.W.3d at 410, 412.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
X Acting individually [ ] Acting for the Court Date: August 17, 2017