Opinion
NO. 02-15-00089-CR
06-02-2016
KAYLEE LYNNE BELL APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 271ST DISTRICT COURT OF WISE COUNTY
TRIAL COURT NO. CR17768 MEMORANDUM OPINION
Kaylee Lynne Bell pled guilty to third-degree felony driving while intoxicated pursuant to an open plea and also pled true to the State's enhancement allegation, increasing the punishment range to that of a second-degree felony. See Tex. Penal Code Ann. §§ 12.42(a), 49.04(a), 49.09(b)(2) (West Supp. 2015). After receiving a presentence investigation report, the trial court assessed her punishment at twelve years' confinement.
Appellant's appointed appellate counsel has filed a motion to withdraw and a brief under Anders v. California, representing that there is nothing in the record that might arguably support this appeal. 386 U.S. 738, 744-45, 87 S. Ct. 1396, 1400 (1967). Counsel's brief and motion meet the requirements of Anders by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds for relief. See id.; In re Schulman, 252 S.W.3d 403, 406-12 (Tex. Crim. App. 2008) (orig. proceeding). Counsel also informed this court that he provided appellant with the information required by Kelly v. State, including a pro se motion to access the appellate record. 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). We gave appellant an opportunity to file a pro se response to counsel's brief, but she did not do so. Likewise, the State declined to file a brief.
Once an appellant's court-appointed attorney files a motion to withdraw on the ground that an appeal is frivolous and fulfills the requirements of Anders, we must independently examine the record. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Only then may we grant counsel's motion to withdraw. See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S. Ct. 346, 351 (1988).
We have carefully reviewed the record and counsel's brief. We agree with counsel that the appeal is frivolous and without merit; we find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.
PER CURIAM PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: June 2, 2016
See Tex. R. App. P. 47.4.