Opinion

Demontre Gregory Clark v. State

Court
Texas Court of Appeals, 1st District (Houston)
Filed
May 9, 2017
Status
Published
Cited by
0 cases
Authority
More cited than 3.7%

The opinion

COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Demontre Gregory Clark v. The State of Texas

Appellate case number: 01-16-00654-CR

Trial court case number: 1474305

Trial court: 180th District Court, Harris County

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, Michael A. McEnrue, to file

with the Clerk of this Court within 5 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/ Harvey Brown

 Acting individually

Date: May 9, 2017

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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