Opinion
NO. 03-16-00676-CR
01-11-2018
Jeremy Teak Palmer, Appellant v. The State of Texas, Appellee
ON REHEARING
FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
NO. CR2013-250 , HONORABLE R. BRUCE BOYER, JUDGE PRESIDING MEMORANDUM OPINION
A jury found appellant Jeremy Teak Palmer guilty of the felony offense of driving while intoxicated with two or more previous convictions for the same type of offense, a third-degree felony. See Tex. Penal Code §§ 49.04 (driving while intoxicated), 49.09 (offense under Section 49.04 enhanced to third-degree felony punishment if person previously convicted two times for same type offense). In addition, Palmer pled true to two enhancement allegations alleging two prior felony convictions for burglary of a vehicle. See id. § 30.04. After hearing evidence, including Palmer's testimony, the trial court assessed his punishment, enhanced pursuant to the repeat-offender punishment provision of the Penal Code, at confinement for sixteen years in the Institutional Division of the Texas Department of Criminal Justice. See id. §§ 12.33(a) (second-degree felony punishment), 12.42(a) (enhancing punishment to second-degree felony).
Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); 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).
Appellant's counsel has certified to this Court that he sent copies of the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se response, and provided a motion to assist appellant in obtaining the record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744. Appellant has filed a pro se brief.
We have conducted an independent review of the record—including the record of the proceedings below, appellate counsel's brief, and appellant's brief—and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.
/s/_________
Cindy Olson Bourland, Justice Before Justices Puryear, Field, and Bourland Affirmed on Rehearing Filed: January 11, 2018 Do Not Publish