Michael Wayne Starnes v. State

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Michael Wayne Starnes v. The State of Texas

Appellate case number: 01-13-00280-CR

Trial court case number: 22,566-CR

Trial court: 258th District Court of Polk 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, Mike Aduddell, 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/ Rebeca Huddle  Acting individually  Acting for the Court

Date: October 22, 2013