Opinion
03-23-00412-CR
11-05-2024
Ronnell Lamont Brown, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 264TH DISTRICT COURT OF BELL COUNTY NO. 81002, THE HONORABLE WADE NICHOLAS FAULKNER, JUDGE PRESIDING
Before Justices Baker, Triana, and Kelly
MEMORANDUM OPINION
Chari L. Kelly, Justice
Ronnell Lamont Brown entered an open plea of guilty to unlawful possession of a firearm by a felon. See Tex. Penal Code § 46.04. The trial court assessed punishment at ten years in prison. At the same time, Brown entered an open plea of guilty to aggravated assault with a deadly weapon, and true to a felony enhancement. See id. §§ 12.42, 22.02. The trial court assessed punishment at 47 years in prison and ordered $39,504.79 in restitution. Brown appeals both convictions. This appeal concerns only the possession of a firearm by a felon conviction.
Brown'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). Brown'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"). Brown's counsel has represented to the Court that she provided copies of the motion and brief to Brown; advised Brown 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. She also provided to Brown a Motion for Pro Se Access to the Appellate Record lacking only Brown'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). Brown filed that motion and received a copy of the Appellate Record but has not filed a pro se brief or 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.