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Dixon v. State

Court of Appeals of Texas, Tenth District
Nov 3, 2021
No. 10-21-00048-CR (Tex. App. Nov. 3, 2021)

Opinion

10-21-00048-CR

11-03-2021

DENISE ANNETTE DIXON, Appellant v. THE STATE OF TEXAS, Appellee


Do not publish

From the 52nd District Court Coryell County, Texas Trial Court No. 19-25693

Before Chief Justice Gray, Justice Johnson, and Justice Smith

MEMORANDUM OPINION

STEVE SMITH, JUSTICE

Denise Anette Dixon entered an open plea of guilty to the offense of possession of a controlled substance. The trial court convicted Dixon of the offense and assessed punishment at eighteen months confinement in a state jail facility. We affirm.

Dixon's appointed counsel filed a motion to withdraw and an Anders brief in support of the motion 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's brief evidences a professional evaluation of the record for error and compliance with the other duties of appointed counsel. We conclude that counsel has 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 Kelly v. State, 436 S.W.3d 313, 319-320 (Tex. Crim. App. 2014); 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." Anders v. California, 386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80 (1988); 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 have determined 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 motion to withdraw from representation of Dixon is granted.

Affirmed; motion granted.


Summaries of

Dixon v. State

Court of Appeals of Texas, Tenth District
Nov 3, 2021
No. 10-21-00048-CR (Tex. App. Nov. 3, 2021)
Case details for

Dixon v. State

Case Details

Full title:DENISE ANNETTE DIXON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District

Date published: Nov 3, 2021

Citations

No. 10-21-00048-CR (Tex. App. Nov. 3, 2021)