Opinion
NO. 03-15-00404-CR
04-28-2016
Austin Myles Byrom, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
NO. CR2014-130, THE HONORABLE GARY L. STEEL, JUDGE PRESIDINGMEMORANDUM OPINION
After appellant Austin Myles Bryom pled guilty during his capital murder trial, a jury convicted him of capital murder. See Tex. Penal Code § 19.03(a)(2) (intentional or knowing murder committed during course of robbery is capital murder). The trial court imposed the mandatory punishment of a life sentence in the Texas Department of Criminal Justice. See Tex. Code Crim. Proc. art. 37.071, § 1; Tex. Penal Code § 12.31(a)(1) (individual convicted of capital felony shall be punished by imprisonment for life when State does not seek death penalty).
Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); 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).
Appellant's counsel has certified to this Court that she sent copies of the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se response, and provided a motion to assist appellant in obtaining the record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744. To date, appellant has not filed a pro se response or requested an extension of time to file a response.
We have conducted an independent review of the record—including the record of the trial proceedings below and appellate counsel's brief—and find no reversible error. 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 record presents no arguably meritorious grounds for review and the appeal is frivolous. Counsel's motion to withdraw is granted. The trial court's judgment of conviction is affirmed.
/s/_________
Melissa Goodwin, Justice Before Justices Puryear, Goodwin, and Field Affirmed Filed: April 28, 2016 Do Not Publish