Opinion
02-23-00312-CR
08-29-2024
Robert Kyle Hudson, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 355th District Court Hood County, Texas Trial Court No. CR13951
Before Sudderth, C.J.; Bassel and Womack, JJ.
MEMORANDUM OPINION
Bonnie Sudderth Chief Justice
The trial court adjudicated Robert Kyle Hudson guilty of sexual assault of a child, assessed his punishment at 20 years' confinement, and sentenced him accordingly. See Tex. Penal Code Ann. § 22.011. Hudson appealed.
Hudson's court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion in which she avers that, in her professional opinion, this appeal is frivolous. Counsel's brief and motion meet the requirements of Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 1400 (1967), by professionally evaluating the appellate record and demonstrating why no arguable grounds for relief exist. See Stafford v. State, 813 S.W.2d 503, 510-11 (Tex. Crim. App. 1991). Counsel also complied with Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014).
This court gave Hudson the opportunity to file a response on his own behalf, and he did so. The State did not file a response.
After an appellant's court-appointed counsel files a motion to withdraw on the ground that an appeal is frivolous and fulfills Anders's requirements, we must independently examine the record for any arguable ground that may be raised on his behalf. See Stafford, 813 S.W.2d at 511. Only then may we grant counsel's motion to withdraw. See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S.Ct. 346, 351 (1988).
We have carefully reviewed counsel's brief, the appellate record, and Hudson's response. We agree with counsel that the appeal is wholly frivolous and without merit; we find nothing in the appellate record that otherwise arguably might support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).
Having found that the appeal is frivolous, we grant counsel's motion to withdraw, and we affirm the trial court's judgment.