Terry Eugene Smith v. the State of Texas

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Terry Eugene Smith v. The State of Texas

Appellate case number: 01-21-00395-CR

Trial court case number: 1620220

Trial court: 176th 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, Terrence Gaiser, to file with the Clerk of this Court within 7 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: Gordon Goodman Acting individually

Date: August 9, 2022