Appellate counsel, who is not appointed filed a brief that listed both of the above cause numbers. In the statement of the case, counsel states that the brief only seeks relief as to cause no. 05-14-01297-CR, which leaves no brief in cause no. 05-14-01296-CR. Counsel did not file a motion to dismiss the appeal of cause no. 05-14-01296-CR that complies with Texas Rule of

Appellate Procedure 42.2(a). Because counsel is not appointed, he may not file an Anders brief. See McCoy v. Court of Appeals of Wisc., Dist. I , 486 U.S. 429, 439 (1988); Oldham v. State , 894 S.W.2d 561, 562 (Tex. App. –– Waco 1995, no pet.). However, he did not file a motion to withdraw as counsel stating there were on arguable issues to raise as to cause no. 05-14-01296- CR. See Oldham , 894 S.W.2d at 562.

Accordingly, we ORDER appellate counsel to file, within FIFTEEN DAYS of the date of this order, either: (1) a motion to dismiss the appeal in cause no. 05-14-01296-CR that complies with Texas Rule of Appellate Procedure 42.2(a); (2) a motion to withdraw as counsel for appellant in cause no. 05-14-01296-CR that complies with Texas Rule of Appellate Procedure 6.5; or (3) a brief raising an issue or issues on the merits for cause no. 05-14-01296- CR.

We DIRECT the Clerk of this Court to show that the brief tendered for both cause numbers on February 28, 2015 is filed in cause no. 05-14-01297-CR only.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Michael Mowla and the Dallas County District Attorney’s Office.

/s/ LANA MYERS JUSTICE