Opinion
NO. 02-15-00430-CR
05-26-2016
DARREN BIGGERS APPELLANT v. THE STATE OF TEXAS STATE
FROM COUNTY CRIMINAL COURT NO. 2 OF DENTON COUNTY
TRIAL COURT NO. CR-2013-07869-B MEMORANDUM OPINION
A jury found Appellant Darren Biggers guilty of the offense of driving while intoxicated, found that he had previously been convicted of a Class A or Class B misdemeanor or a felony offense, and assessed his punishment at 180 days' confinement with no fine; the trial court sentenced Biggers accordingly. See Tex. Penal Code Ann. § 12.43 (West 2011), § 49.04 (West Supp. 2015). Biggers timely perfected this appeal.
Biggers's court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. Counsel's brief and motion meet the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are, in counsel's assessment, no arguable grounds for relief. See 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). In compliance with Kelly v. State, counsel notified Biggers of his motion to withdraw, provided him a copy of the brief, informed him of his right to file a pro se response, informed him of his pro se right to seek discretionary review should this court hold the appeal is frivolous, and took concrete measures to facilitate Biggers's review of the appellate record. See 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). This court afforded Biggers the opportunity to file a brief on his own behalf, but he did not do so. The State filed a letter waiving a response to Biggers's appointed counsel's Anders brief.
As the reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in determining that the appeal is frivolous. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State, 904 S.W.2d 920, 923 (Tex. App.—Fort Worth 1995, no pet.). 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 this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005). Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.
/s/ Sue Walker
SUE WALKER
JUSTICE PANEL: GARDNER, WALKER, and MEIER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: May 26, 2016
See Tex. R. App. P. 47.4.