Julio Alvarado v. State ( 2014 )


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  •                                 COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    MEMORANDUM ORDER
    Appellate case name:      Julio Alvarado v. The State of Texas
    Appellate case numbers: 01-13-00894-CR; 01-13-00895-CR
    Trial court case number: 1325689; 1325690
    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: /s/ Michael Massengale
     Acting individually     Acting for the Court
    Date: June 10, 2014
    

Document Info

Docket Number: 01-13-00894-CR

Filed Date: 6/10/2014

Precedential Status: Precedential

Modified Date: 10/16/2015