Opinion
05-23-00115-CR
03-27-2024
Do Not Publish TEX. R. APP. P. 47.2(b)
On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-81787-2022
Before Justices Garcia, Breedlove, and Kennedy
MEMORANDUM OPINION
DENNISE GARCIA JUSTICE
Appellant was convicted of aggravated assault with affirmative deadly weapon and family violence findings. The trial court assessed punishment, enhanced, at life in prison.
On appeal, appellant's counsel has filed a brief in which she concludes the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel). Appellant responded but presents no arguable grounds to advance.
As required, appellant's counsel has moved for leave to withdraw and has provided appellant with a copy of the motion. See In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for consideration with the merits.
Having reviewed the record, we agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record before us that 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). Accordingly, we grant counsel's motion to withdraw, and affirm the trial court's judgment.
JUDGMENT
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.