Opinion
NO. 03-16-00082-CR
07-28-2016
Matthew Wayne Manning, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT
NO. 44475, HONORABLE J. ALLAN GARRETT, JUDGE PRESIDINGMEMORANDUM OPINION
Appellant Matthew Wayne Manning pled guilty to third-degree organized retail theft between $1,500 and $20,000, and the jury sentenced him to fifteen years' imprisonment. See Tex. Penal Code § 31.16(b), (c)(4). Appellant's appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit.
Counsel's briefmeets the requirements of Anders v. California, 386 U.S. 738, 743-44 (1967), by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See Penson v. Ohio, 488 U.S. 75, 80 (1988); Anders, 386 U.S. at 743-44; Kelly v. State, 436 S.W.3d 313, 318-19 (Tex. Crim. App. 2014). Appellant's attorney has represented to the Court that he provided copies of the motion and brief to appellant; advised appellant 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 appellant with a form motion for pro se access to the appellate record and the Court's mailing address. See Kelly, 436 S.W.3d at 319-21. No pro se brief has been filed.
We have independently reviewed the record, including the evidence presented to the jury and the procedures that were observed, and have found nothing that might arguably support the appeal. See Anders, 386 U.S. at 744; Garner v. State, 300 S.W.3d 763, 766-67 (Tex. Crim. App. 2009. We agree with counsel that the appeal is frivolous and without merit. We grant counsel's motion to withdraw and affirm the judgment of conviction.
No substitute counsel will be appointed. Should appellant wish to seek further review of his case by the court of criminal appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. See generally Tex. R. App. P. 68-79 (governing proceedings in the Texas Court of Criminal Appeals). Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the date this Court overrules the last timely motion for rehearing filed. See id. R. 68.2. The petition must be filed with this Court, after which it will be forwarded to the court of criminal appeals along with the rest of the filings in the cause. See id. R. 68.3, 68.7. Any petition for discretionary review should comply with rules 68.4 and 68.5 of the rules of appellate procedure. See id. R. 68.4, 68.5. --------
/s/_________
David Puryear, Justice Before Justices Puryear, Goodwin, and Bourland Affirmed Filed: July 28, 2016 Do Not Publish