Opinion
07-23-00192-CR
03-21-2024
MIKO BUTLER, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish.
On Appeal from the 364th District Court Lubbock County, Texas Trial Court No. DC-2023-CR-0573, Honorable William R. Eichman II, Presiding
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
MEMORANDUM OPINION
Brian Quinn Chief Justice
Appellant Miko Butler appeals the trial court's judgments by which he was convicted of two counts of aggravated assault of a public servant. Though all parties were prepared for a jury trial, appellant decided shortly before trial to enter an open plea of guilty to both counts and to let the trial court decide punishment. After a lengthy trial on punishment, the trial court sentenced appellant to seventy years imprisonment on each count to run concurrently. Appellant timely appealed. Appellant's court-appointed appellate counsel filed a motion to withdraw supported by an Anders brief. We grant counsel's motion to withdraw and affirm the judgments of the trial court.
See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
In support of his motion to withdraw, counsel certified that he conducted a conscientious examination of the record, and in his opinion, it reflected no arguable basis for reversing appellant's convictions. See Anders, 386 U.S. at 744-45; In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008). Counsel explained why, under the controlling authorities, the record supports that conclusion. He further demonstrated that he complied with the requirements of Anders and In re Schulman by 1) providing a copy of the brief, motion to withdraw, and appellate record to appellant, 2) notifying appellant of his right to file a pro se response, and 3) informing appellant of his right to file a pro se petition for discretionary review. See In re Schulman, 252 S.W.3d at 408. By letter dated December 5, 2023, this Court granted appellant an opportunity to exercise his right to file a response to counsel's motion and brief by January 4, 2024, a date later extended to February 5, 2024. To date, appellant has not filed a response or otherwise communicated a desire to do so.
We independently examined the record to determine whether there were any non-frivolous issues supporting reversal as required by In re Schulman. We found none. So, after thoroughly reviewing the record and counsel's brief, we 1) agree that there is no plausible basis for reversal of appellant's convictions, 2) affirm the trial court's judgments, and 3) grant counsel's motion to withdraw.
Within five days after the date of this opinion, appellate counsel shall 1) send appellant a copy of the opinion and judgment and 2) inform appellant of his right to file a pro se petition for discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P. 48.4. This duty is only informational and ministerial. It does not encompass or require the rendition of legal advice or further representation.