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Chesnutt v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Aug 19, 2004
No. 13-03-756-CR (Tex. App. Aug. 19, 2004)

Opinion

No. 13-03-756-CR

Memorandum Opinion Delivered and Filed August 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On appeal from the 36th District Court of San Patricio County, Texas.

Before Justices YAÑEZ, RODRIGUEZ, and GARZA.


MEMORANDUM OPINION


On October 14, 2003, a jury convicted appellant, Robyn Chesnutt, of driving while intoxicated. The trial court sentenced him to five years of imprisonment suspended, fined him $2,500, and placed him on community supervision for seven years. The record contains the trial court's certification that this case is not a plea-bargain case and the defendant has the right of appeal. See TEX. R. APP. P. 25.2(a)(2).

A. ANDERS BRIEF

Appellant's attorney has filed a brief with this Court asserting there is no basis for appeal. See Anders v. California, 386 U.S. 738 (1967). According to the brief, counsel has reviewed the clerk's record and reporter's record and has concluded that appellant's appeal is frivolous and without merit. See id. The brief meets the requirements of Anders as it presents a professional evaluation showing why there are no arguable grounds for advancing an appeal. See Stafford v. State, 813 S.W.2d 503, 510 n. 3 (Tex.Crim.App. 1991). In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.Crim. App. 1978), counsel has carefully discussed why, under controlling authority, there are no errors in the trial court's judgment. In the brief, appellant's counsel states that he has informed appellant of his right to review the appellate record and to file a pro se brief. No such brief has been filed. Upon receiving a "frivolous appeal" brief, the appellate courts must conduct "a full examination of all the proceedings to decide whether the case is wholly frivolous." Penson v. Ohio, 488 U.S. 75, 80 (1988); see Garza v. State, 126 S.W.3d 312, 313 (Tex. App.-Corpus Christi 2004, no pet.). We have carefully reviewed the appellate record and counsel's brief. We find nothing in the record that might arguably support this appeal. We agree with appellant's counsel that the appeal is wholly frivolous and without merit. The trial court's judgment is affirmed.

B. MOTION TO WITHDRAW

An appellate court may grant counsel's motion to withdraw filed in connection with an Anders brief. Moore v. State, 466 S.W.2d 289, 291 n. 1 (Tex.Crim.App. 1971); see Stafford, 813 S.W.2d at 511 (noting that Anders brief should be filed with request from withdrawal from case). We note that counsel has not filed a motion to withdraw in this case. If counsel wishes to file a motion to withdraw, he must file the motion no later than fifteen days from the date of this opinion. We order counsel to advise appellant promptly of the disposition of this case and the availability of discretionary review. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997) (per curiam).


Summaries of

Chesnutt v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Aug 19, 2004
No. 13-03-756-CR (Tex. App. Aug. 19, 2004)
Case details for

Chesnutt v. State

Case Details

Full title:ROBYN CASTLE CHESNUTT, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi

Date published: Aug 19, 2004

Citations

No. 13-03-756-CR (Tex. App. Aug. 19, 2004)