Terry Eugene Smith v. the State of Texas

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