Opinion
No. 10-17-00022-CR
11-22-2017
AARON LEE CRANE, JR., Appellant v. THE STATE OF TEXAS, Appellee
From the 19th District Court McLennan County, Texas
Trial Court No. 2015-1682-C1
MEMORANDUM OPINION
The trial court convicted Aaron Lee Crane of the offense of assault family violence and assessed punishment at three years confinement. We affirm.
Crane's appointed counsel filed an Anders brief asserting that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967). Counsel informed Crane of his right to submit a brief on his own behalf. Crane did not file a brief. Counsel's brief evidences a professional evaluation of the record for error, and we conclude that counsel performed the duties required of appointed counsel. See Anders v. California, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008).
In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous." See Anders v. California, 386 U.S. at; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10 (1988). After a review of the entire record in this appeal, we determine the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's judgment.
Counsel's request that he be allowed to withdraw from representation of Crane is granted. Additionally, counsel must send Crane a copy of our decision, notify Crane of his right to file a pro se petition for discretionary review, and send this Court a letter certifying counsel's compliance with Texas Rule of Appellate Procedure 48.4. TEX.R.APP.P. 48.4; see also In re Schulman, 252 S.W.3d at 409 n.22.
AL SCOGGINS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Affirmed; motion granted
Opinion delivered and filed November 22, 2017
Do not publish
[CR25]