Opinion
03-23-00092-CR
04-23-2024
Cory Wayne Ferguson, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 26TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 19-2062-K26, THE HONORABLE DONNA GAYLE KING, JUDGE PRESIDING
Before Justices Baker, Triana, and Kelly
MEMORANDUM OPINION
Thomas J. Baker, Justice
Cory Wayne Ferguson was charged with the offenses of failing to stop and render aid in a car collision resulting in the death of a person, possession of a controlled substance, and aggravated assault with a deadly weapon. See Tex. Transp. Code § 550.021; Tex. Health & Safety Code §§ 481.103, .116; Tex. Penal Code § 22.02. The indictment also included an enhancement allegation stating that Ferguson previously had been convicted of the felony offenses of burglary of a habitation and assaulting a public servant. See Tex. Penal Code § 12.42. Following his arrest, Ferguson entered into a plea-bargain agreement in which he agreed to plead guilty to the offense of failing to stop and render aid, to plead true to the first enhancement allegation, to waive various rights, and to waive all motions and objections made before entering his plea in exchange for the State recommending a thirty-five year punishment cap, abandoning the second enhancement allegation, and dismissing the possession and aggravated-assault charges. After admonishing Ferguson and going over the terms of the agreement with him, the trial court determined that Ferguson freely and voluntarily entered his pleas and accepted the pleas and waivers. The trial court held a punishment hearing in which witnesses described the investigation leading up to Ferguson's arrest and his criminal history before and after the collision, testified about the victim, and discussed how Ferguson had struggled with mental-health issues in the past but had opened a successful business with his wife before the incident and was a good father. After considering the evidence, including evidence regarding offenses committed after his arrest in this case, the trial court sentenced Ferguson to thirty-five years' imprisonment. The trial court later certified that this was a plea-bargain case but that it gave Ferguson permission to appeal the punishment determination. Ferguson then appealed his conviction.
Ferguson's court-appointed attorney on appeal filed a motion to withdraw supported by an Anders brief contending that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744-45 (1967). Ferguson's court-appointed attorney's brief concluding that the appeal is frivolous and without merit meets the requirements of Anders by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See id.; 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) (explaining that Anders briefs serve purpose of "assisting the court in determining both that counsel in fact conducted the required detailed review of the case and that the appeal is . . . frivolous"). Ferguson's counsel represented to the Court that she provided copies of the motion and brief to Ferguson; advised Ferguson of his right to examine the appellate record, file a pro se brief, and pursue discretionary review following the resolution of the appeal in this Court; and provided Ferguson with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Ferguson filed a motion for pro se access to the record and later filed a pro se brief.
We have independently reviewed the record and considered appellate counsel's brief and Ferguson's brief, and we have found nothing that might arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We agree with counsel that the appeal is frivolous and without merit. We grant counsel's motion to withdraw and affirm the trial court's judgment of conviction.
Affirmed