Nseabasi Samuel Williams v. State

Court of Appeals of Texas·Decided December 22, 2015·No. 01-15-00509-CR·Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Nseabasi Samuel Williams v. The State of Texas

Appellate case number: 01-15-00509-CR

Trial court case number: 1455282

Trial court: 263rd District Court

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, Jerome Godinich, Jr., 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: December 22, 2015

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
In Re Schulman
252 S.W.3d 403 (Court of Criminal Appeals of Texas, 2008)