Bean v. State

Full title: Gary Bean, Appellant v. The State of Texas, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Jun 7, 2024

No. 03-22-00656-CR (Tex. App. Jun. 7, 2024)

Opinion

03-22-00656-CR

06-07-2024

Gary Bean, Appellant v. The State of Texas, Appellee

Chari L. Kelly, Justice.

Do Not Publish

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR-20-3373-A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

Before Baker, Triana, and Kelly Justices.

MEMORANDUM OPINION

Chari L. Kelly, Justice.

Gary Bean was convicted by a jury of the offense of driving while intoxicated while having two former convictions for driving while intoxicated. See Tex. Penal Code § 49.09(b). The jury assessed punishment at eight years in prison.

Bean's court-appointed attorney on appeal has filed a motion to withdraw supported by an Anders brief contending that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744-45 (1967). Bean's court-appointed attorney's brief meets the requirements of Anders by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See id.; Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 81-82 (1988) (explaining that Anders briefs serve purpose of "assisting the court in determining both that counsel in fact conducted the required detailed review of the case and that the appeal is . . . frivolous"). Bean's counsel has represented to the Court that he provided copies of the motion and brief to Bean; advised Bean of his right to examine the appellate record, file a pro se brief, and pursue discretionary review following the resolution of the appeal in this Court. He also provided to Bean a Motion for Pro Se Access to the Appellate Record lacking only Bean's signature and the date and provided the mailing address for this Court. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Bean has not filed a pro se brief nor a motion for extension of time to file a brief.

We have independently reviewed the record and have found nothing that might arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We agree with counsel that the appeal is frivolous and without merit. We grant counsel's motion to withdraw and affirm the trial court's order.

Affirmed.