COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Dave Whitaker v. The State of Texas Appellate case number: 01-13-00257-CR Trial court case number: 1350821 Trial court: 174th District Court of Harris County, Texas 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, J. Sidney Crowley, 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 believe 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: /s/ Sherry Radack  Acting individually  Acting for the Court

Date: October 10, 2013