Opinion
01-21-00395-CR
08-09-2022
Terry Eugene Smith v. The State of Texas
176th District Court, Trial court case number: 1620220
ORDER
Gordon Goodman, Judge
Appellant's court-appointed 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, Terrence Gaiser, to file with the Clerk of this Court within 7 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.