Opinion
No. 10-17-00052-CR
05-23-2018
TEANNA LIANE BAKER, Appellant v. THE STATE OF TEXAS, Appellee
From the County Court at Law No. 2 Brazos County, Texas
Trial Court No. 14-04266-CRM-CCL2
MEMORANDUM OPINION
The trial court convicted Teanna Liane Baker of the offense of assault bodily injury, and the trial court assessed punishment at 180 days confinement and a $1000 fine. The trial court suspended imposition of the sentence and placed Baker on community supervision for 12 months. We affirm.
Baker's appointed counsel filed an Anders brief asserting that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967). Counsel informed Baker of her right to submit a brief on her own behalf. Baker did not file a brief. Counsel's brief evidences a professional evaluation of the record for error, and we conclude that counsel performed the duties required of appointed counsel. See Anders v. California, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008).
In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous." See Anders v. California, 386 U.S. at; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10 (1988). After a review of the entire record in this appeal, we determine the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's judgment.
Counsel's request that he be allowed to withdraw from representation of Baker is granted. Additionally, counsel must send Baker a copy of our decision, notify Baker of her right to file a pro se petition for discretionary review, and send this Court a letter certifying counsel's compliance with Texas Rule of Appellate Procedure 48.4. TEX.R.APP.P. 48.4; see also In re Schulman, 252 S.W.3d at 409 n.22.
AL SCOGGINS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Affirmed; motion granted
Opinion delivered and filed May 23, 2018
Do not publish
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