Opinion
No. 10-12-00132-CR
11-29-2012
DEWAYNE DOUGLAS WILLIS, Appellant v. THE STATE OF TEXAS, Appellee
From the 66th District Court
Hill County, Texas
Trial Court No. 36,355
MEMORANDUM OPINION
Dewayne Douglas Willis was convicted of the offense of theft over $1,500 but less than $20,000. The trial court found the enhancement paragraphs to be true and assessed punishment at twenty years confinement and a $10,000 fine. We affirm.
Willis's appointed counsel filed an Anders brief asserting that she has diligently reviewed the appellate record and that, in her opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967). Counsel informed Willis of his right to submit a brief on his own behalf. Willis did not file a brief, and the State did not file a response. Counsel's brief evidences a professional evaluation of the record for error, and we conclude that counsel performed the duties required of appointed counsel. See Anders v. California, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also 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." See Anders v. California, 386 U.S. at; 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 determine 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 request that she be allowed to withdraw from representation of Willis is granted. Additionally, counsel must send Willis a copy of our decision, notify Willis of his right to file a pro se petition for discretionary review, and send this Court a letter certifying counsel's compliance with Texas Rule of Appellate Procedure 48.4. TEX. R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d at 409 n. 22.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed; motion granted
Do not publish
[CR25]