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Braggs v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Feb 13, 2015
NO. 03-14-00394-CR (Tex. App. Feb. 13, 2015)

Opinion

NO. 03-14-00394-CR

02-13-2015

Marcus Dewayne Braggs, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 71112, HONORABLE JOHN GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION

Appellant Marcus Dewayne Braggs was convicted of burglary of a habitation. See Tex. Penal Code § 30.02(a), (c)(2) (establishing offense as second-degree felony). Appellant pled true to an allegation that he had previously been convicted of a felony, and the trial court sentenced appellant to 15 years' imprisonment. See Tex. Penal Code §§ 12.32(a) (punishment range for first-degree felony is not more than 99 years or less than 5 years); 12.42(b) (authorizing enhancement of punishment for previous felony conviction).

Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. Counsel's brief meets the requirements of Anders v. California by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744-45 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 80-82 (1988). Appellant's counsel has represented to the Court that he provided copies of the motion and brief to appellant; advised appellant of his right to examine the appellate record and file a pro se brief; and provided appellant with a form motion for pro se access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. Appellant filed a pro se brief.

We have independently reviewed the record and appellant's pro se brief and have found nothing that might arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous and without merit. We grant counsel's motion to withdraw and affirm the judgment of conviction.

No substitute counsel will be appointed. Should appellant wish to seek further review of his case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. See generally Tex. R. App. P. 68-79 (governing proceedings in Court of Criminal Appeals). Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the date that this Court overrules the last timely motion for rehearing filed. See id. R. 68.2. The petition must be filed with the clerk of the Court of Criminal Appeals. Id. R. 68.3(a). If the petition is mistakenly filed with this Court, it will be forwarded to the Court of Criminal Appeals. Id. R. 68.3(b). Any petition for discretionary review should comply with the rules of appellate procedure. See id. R. 68.4. Once this Court receives notice that a petition has been filed, the filings in this case will be forwarded to the Court of Criminal Appeals. See id. R. 68.7.

/s/_________

David Puryear, Justice
Before Justices Puryear, Pemberton, and Field Affirmed Filed: February 13, 2015 Do Not Publish


Summaries of

Braggs v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Feb 13, 2015
NO. 03-14-00394-CR (Tex. App. Feb. 13, 2015)
Case details for

Braggs v. State

Case Details

Full title:Marcus Dewayne Braggs, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Feb 13, 2015

Citations

NO. 03-14-00394-CR (Tex. App. Feb. 13, 2015)