From Casetext: Smarter Legal Research

Camille v. State

Court of Appeals of Texas, First District
Aug 31, 2021
No. 01-19-00927-CR (Tex. App. Aug. 31, 2021)

Opinion

01-19-00927-CR

08-31-2021

MARQUIS CAMILLE, Appellant v. THE STATE OF TEXAS, Appellee


Do not publish. TEX. R. APP. P. 47.2(b).

On Appeal from the 337th District Court Harris County, Texas Trial Court Case No. 1590275

Panel consists of Justices Kelly, Landau, and Hightower.

MEMORANDUM OPINION

PER CURIAM.

Appellant, Marquis Camille, was found guilty by a jury of the offense of aggravated sexual assault. See TEX. PENAL CODE § 22.021. After a punishment hearing, the jury assessed punishment and the trial court sentenced appellant in accordance with the jury's verdict to 14 years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice. We affirm.

On appeal, Camille's appointed counsel filed a motion to withdraw, along with a brief, stating that the record presents no reversible error and the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967).

Counsel's brief meets the Anders requirements by presenting a professional evaluation of the record and supplying us with references to the record and legal authority. 386 U.S. at 744, 87 S.Ct. at 1400; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that she has thoroughly reviewed the record and is unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at 744, 87 S.Ct. at 1400; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.-Houston [1st Dist.] 2006, no pet.).

Counsel advised Camille of his right to access the record and provided him with a form motion for access to the record. Counsel further advised Camille of his right to file a pro se response to the Anders brief. Camille requested and was given access to the record and he filed a pro se response to counsel's brief.

We have independently reviewed the entire record in this appeal, and we conclude that no reversible error exists in the record, there are no arguable grounds for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S.Ct. at 1400 (emphasizing that reviewing court-and not counsel-determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 82627 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by reviewing entire record). We note that an appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.

We affirm the judgment of the trial court and grant counsel's motion to withdraw. Attorney Cheri Duncan must immediately send Camille the required notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c). We dismiss any other pending motions as moot.

Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).


Summaries of

Camille v. State

Court of Appeals of Texas, First District
Aug 31, 2021
No. 01-19-00927-CR (Tex. App. Aug. 31, 2021)
Case details for

Camille v. State

Case Details

Full title:MARQUIS CAMILLE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District

Date published: Aug 31, 2021

Citations

No. 01-19-00927-CR (Tex. App. Aug. 31, 2021)