From Casetext: Smarter Legal Research

Adkison v. State

Court of Appeals of Texas, Tenth District
Nov 9, 2023
No. 10-23-00051-CR (Tex. App. Nov. 9, 2023)

Opinion

10-23-00051-CR

11-09-2023

DAMIEN TYRONE ADKISON, Appellant v. THE STATE OF TEXAS, Appellee


From the 19th District Court McLennan County, Texas Trial Court No. 2016-1327-C1.

Before Chief Justice Gray, Justice Johnson, and Justice Smith

MEMORANDUM OPINION

TOM GRAY Chief Justice

Damien Tyrone Adkison was convicted of aggravated sexual assault of a child and indecency with a child by contact and sentenced to 37 years and five years in prison, respectively. We affirm the trial court's judgment.

Adkison'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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 Anders, 386 U.S. 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, 319-320 (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, 109 S.Ct. 346, 102 L.Ed.2d 300 (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, 108 S.Ct. 1895, 100 L.Ed.2d 440 (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 Adkison is granted.

Affirmed; motion granted.


Summaries of

Adkison v. State

Court of Appeals of Texas, Tenth District
Nov 9, 2023
No. 10-23-00051-CR (Tex. App. Nov. 9, 2023)
Case details for

Adkison v. State

Case Details

Full title:DAMIEN TYRONE ADKISON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District

Date published: Nov 9, 2023

Citations

No. 10-23-00051-CR (Tex. App. Nov. 9, 2023)