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Robinson v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 24, 2020
No. 10-19-00203-CR (Tex. App. Nov. 24, 2020)

Opinion

No. 10-19-00203-CR

11-24-2020

JAMES ROBINSON, Appellant v. THE STATE OF TEXAS, Appellee


From the 85th District Court Brazos County, Texas
Trial Court No. 16-03564-CRF-85

MEMORANDUM OPINION

James Robinson appeals from the trial court's judgment revoking his community supervision. We affirm the trial court's judgment.

Robinson's appointed counsel filed a motion to withdraw and an Anders brief in support of the motion asserting that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967). Counsel's brief evidences a professional evaluation of the record for error and compliance with the other duties of appointed counsel. We conclude that counsel has performed the duties required of appointed counsel. See id. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008).

In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80 (1988); accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n.10 (1988). After a review of the entire record in this appeal, we have determined the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's judgment.

Counsel's motion to withdraw from representation of Robinson is granted.

REX D. DAVIS

Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Affirmed
Opinion delivered and filed November 24, 2020
Do not publish
[CR25]


Summaries of

Robinson v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 24, 2020
No. 10-19-00203-CR (Tex. App. Nov. 24, 2020)
Case details for

Robinson v. State

Case Details

Full title:JAMES ROBINSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Nov 24, 2020

Citations

No. 10-19-00203-CR (Tex. App. Nov. 24, 2020)