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Guadalupe Henry Zambrano v. State
01-16-00352-CR
| Tex. App. | Apr 13, 2017
|
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*1 C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON O RDER

Appellate case name: Guadalupe Henry Zambrano v. The State of Texas Appellate case number: 01-16-00352-CR

Trial court case number: 1461905

Trial court: 232nd District Court of Harris County

On January 9, 2017, 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 did not, however, filed a motion to withdraw from representation. On January 26, 2017, we ordered appointed counsel, J. Sidney Crowley, to file with the Clerk of this Court a motion to withdraw no later than February 7, 2017. See T EX . R. A PP . P. 6.5, 9. To date, counsel has not filed a motion to withdraw.

If appointed counsel believes that an appeal is frivolous, counsel must request permission to withdraw. See Anders , 386 U.S. at 744, 87 S. Ct. at 1400. 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, J. Sidney Crowley, 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, 9, and 10.1. See T EX . R. A PP . P. 6.5, 9, 10.1; Schulman , 252 S.W.3d at 410, 412.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

 Acting individually

Date: April 13, 2017

Case Details

Case Name: Guadalupe Henry Zambrano v. State
Court Name: Court of Appeals of Texas
Date Published: Apr 13, 2017
Docket Number: 01-16-00352-CR
Court Abbreviation: Tex. App.
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