Gardner v. State

Full title: Darren Javier Gardner, Appellant v. The State of Texas, Appellee

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Sep 30, 2016

NO. 03-16-00134-CR (Tex. App. Sep. 30, 2016)

Opinion

NO. 03-16-00134-CRNO. 03-16-00135-CR

09-30-2016

Darren Javier Gardner, Appellant v. The State of Texas, Appellee

Scott K. Field, Justice

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NOS. 73774 & 73952, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDINGMEMORANDUM OPINION

Appellant Darren Javier Gardner pleaded guilty to aggravated robbery, see Tex. Penal Code § 29.03, and engaging in organized criminal activity, see id. § 71.02. The trial court sentenced Gardner to 40 years in the Texas Department of Criminal Justice-Institutional Division for each offense, with the sentences to run concurrently.

Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).

Appellant's counsel has represented to the Court that he has provided copies of the motion and the brief to appellant; advised appellant of his right to examine the appellate record and file a pro se brief; and provided appellant with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We have not received a pro se brief from appellant.

We have conducted an independent review of the record, including appellate counsel's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.

Counsel's motion to withdraw is granted. The judgments of conviction are affirmed.

/s/_________

Scott K. Field, Justice Before Justices Puryear, Pemberton, and Field Affirmed Filed: September 30, 2016 Do Not Publish