Guadalupe Henry Zambrano v. State
Guadalupe Henry Zambrano v. State
Opinion
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Guadalupe Henry Zambrano v. The State of Texas Appellate case number: 01-16-00352-CR Trial court case number: 1461905 Trial court: 232nd District Court Appellant’s court-appointed counsel has 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. See TEX. R. APP. P. 6.5, 9; Schulman, 252 S.W.3d at 410, 412.
It is so ORDERED.
Judge’s signature: /s/ Russell Lloyd Acting individually Date: January 26, 2017
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