Opinion
05-23-00433-CR
02-13-2024
HEIDI NICOLE DENMAN, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish Tex.R.App.P. 47.2(b) 230433F.U05
On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 33348CR
Before Justices Molberg, Reichek, and SmithMEMORANDUM OPINION
CRAIG SMITH, JUSTICE
Heidi Nicole Denman appeals her conviction for the second degree felony offense of possession of methamphetamine in the amount of 4 grams or more but less than 200 grams. See Tex. Health & Safety Code Ann. § 481.115(d). Her court-appointed counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that a review of the record shows no reversible error. Because we agree that the appeal is frivolous, we grant counsel's motion to withdraw and affirm the judgment of conviction.
Background and Procedural History
On October 14, 2020, as part of a plea bargain agreement, appellant pleaded guilty to possession of a controlled substance and was placed on ten years deferred adjudication community supervision. On February 13, 2023, the State filed an amended motion to adjudicate guilt, alleging appellant violated her community supervision by committing sixteen violations. At a March 9, 2023 hearing, the State abandoned the first nine allegations. Appellant pleaded true to allegations ten through fourteen. The trial court found allegations fifteen and sixteen also to be true, revoked appellant's community supervision, adjudicated her guilty, and sentenced her to twenty years in prison.
Appellant timely filed a motion for new trial and notice of appeal. The trial court appointed counsel to represent her. Thereafter, appellant's attorney filed a motion to withdraw, supported by an Anders brief in which she concluded the appeal was frivolous and without merit.
Anders
The Anders procedure is used in criminal cases when appellate counsel, cognizant of her ethical duties not to raise frivolous issues on appeal, can identify no non-frivolous issues to raise for appeal. Kelly v. State, 436 S.W.3d 313, 318 (Tex. Crim. App. 2014). Counsel must seek leave to withdraw and file a brief that provides a "roadmap" explaining why there are only frivolous issues to be raised on appeal. See In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008). Counsel must have performed a diligent review of the record for any claim that may be appealed, and we must determine counsel was correct in concluding the appeal is frivolous. Jeffery v. State, 903 S.W.2d 776, 779 (Tex. App.-Dallas 1995, no pet.).
The brief filed by counsel establishes a diligent review of the record, at each stage of the proceeding, including the plea agreement, State's motion to adjudicate, adjudication hearing, and the trial court's assessment of punishment. Counsel cited relevant law and provided record citations in her review. Based on counsel's review of the record, counsel determined that there are no legal or factual issues that might arguably support an appeal.
Counsel provided appellant with a copy of the brief and the record and informed her of her right to file a pro se brief. See Kelly, 436 S.W.3d at 319. This Court also provided notice to appellant of her right to file a pro se response and petition for discretionary review. To this date, appellant has not filed a pro se brief. The State filed a letter brief agreeing with appellant's counsel that an appeal of this case is frivolous and without merit because no reversible error appears in the record.
We conclude that counsel's brief and motion meet the requirements of Anders by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. See Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 811-12 (Tex. Crim. App. [Panel Op.] 1978). Additionally, we have independently reviewed the record and conclude there are no arguable grounds to present on appeal. See Anders, 386 U.S. at 744; Stafford, 813 S.W.2d at 511. We agree that the appeal is frivolous and without merit. Accordingly we grant counsel's motion to withdraw, and we affirm the trial court's judgment.
JUDGMENT
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.