Goodwyn v. State

Full title: Antwone Dashawn Goodwyn, Appellant v. The State of Texas, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Mar 22, 2024

No. 03-23-00458-CR (Tex. App. Mar. 22, 2024)

Opinion

03-23-00458-CR

03-22-2024

Antwone Dashawn Goodwyn, Appellant v. The State of Texas, Appellee

Chari L. Kelly, Justice.

Do Not Publish

FROM THE 26TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 21-2033-K26, THE HONORABLE RICK J. KENNON, JUDGE PRESIDING.

Before Byrne, Chief Justice, Kelly and Theofanis, Justices.

MEMORANDUM OPINION

Chari L. Kelly, Justice.

Antwone Dashawn Goodwyn pled guilty in an open plea to the court to the offense of aggravated kidnapping. See Tex. Penal Code § 20.04(a)(5). Following a hearing on punishment, the trial court sentenced Goodwyn to eight years' imprisonment.

Goodwyn's court-appointed attorney on appeal has filed a motion to withdraw supported by a brief contending that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744-45 (1967). Goodwyn's court-appointed attorney's brief 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 386 U.S. at 744-45; 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").

Goodwyn's counsel has represented to the Court that he provided copies of the motion and brief to Goodwyn; advised Goodwyn of his right to examine the appellate record, file a pro se response, and pursue discretionary review following the resolution of the appeal in this Court; and provided Goodwyn with a form motion for pro se access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). This Court granted Goodwyn's motion for pro se access to the appellate record, and Goodwyn has filed a pro se brief. The State has declined to file an appellee's brief.

We have independently reviewed the record and Goodwyn's pro se brief and 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.