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Wright v. State

Court of Appeals of Texas, First District, Houston
Jan 13, 2011
No. 01-09-00742-CR (Tex. App. Jan. 13, 2011)

Opinion

No. 01-09-00742-CR

Opinion issued January 13, 2011. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 232nd District Court, Harris County, Texas, Trial Court Cause No. 1168208.

Panel consists of Justices JENNINGS, HIGELY, and BROWN.


MEMORANDUM OPINION


Appellant Kendrick Shauell Wright appeals a judgment convicting him of the felony offense of assault of a family member. See TEX. PENAL CODE ANN. § 22.01 (Vernon Supp. 2010). The trial court assessed punishment at three years' confinement. Wright's court-appointed counsel has filed a motion to withdraw and an Anders brief in which he states that no valid grounds for appeal exist and that any appeal would be frivolous. Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Wright filed no response. We affirm the judgment of the trial court and grant counsel's motion to withdraw. The brief submitted by Wright's court-appointed counsel states his professional opinion that there are no arguable grounds for reversal on appeal and that any appeal would, therefore, lack merit. See id. Counsel's brief meets the minimum Anders requirements by presenting a professional evaluation of the record and stating why there are no arguable grounds for reversal on appeal. See id.; see In re Schulman, 252 S.W.3d 403, 409 n. 23 (Tex. Crim. App. 2008). When we receive an Anders brief from a court-appointed attorney who asserts that no arguable grounds for appeal exist, we must determine that issue independently by conducting our own review of the entire record. Anders, 386 U.S. at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court, and not counsel, determines, after full examination of proceedings, whether case is "wholly frivolous"); Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). In conducting our review, we consider any pro se response that the defendant files to his appointed counsel's Anders brief. See Bledsoe v. State, 178 S.W.3d 824, 826-28 (Tex. Crim. App. 2005). In accordance with Anders and Bledsoe, we have reviewed the record and the Anders brief from Wright's appointed counsel. We conclude that there are no arguable grounds for reversal on appeal.

Conclusion

We affirm the judgment of the trial court and grant appointed counsel's motion to withdraw.


Summaries of

Wright v. State

Court of Appeals of Texas, First District, Houston
Jan 13, 2011
No. 01-09-00742-CR (Tex. App. Jan. 13, 2011)
Case details for

Wright v. State

Case Details

Full title:KENDRICK SHAUELL WRIGHT, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Jan 13, 2011

Citations

No. 01-09-00742-CR (Tex. App. Jan. 13, 2011)