Opinion
03-23-00134-CR
11-03-2023
Kathryn Reyes, Appellant v. The State of Texas, Appellee
Do Not Publish
FROM THE 340TH DISTRICT COURT OF TOM GREEN COUNTY NO. C-20-1083-SA, THE HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING
Before Justices Baker, Triana, and Smith
MEMORANDUM OPINION
Thomas J. Baker, Justice
Kathryn Reyes was charged with possessing less than one gram of methamphetamine, and the indictment contained two enhancement paragraphs alleging that she had previously been sequentially convicted of the same offense two times. See Tex. Health & Safety Code §§ 481.102(6), .115(b). After considering the evidence presented at trial, the jury found Reyes guilty of the charged offense. During the punishment phase, Reyes pleaded true to the enhancement allegations. At the conclusion of the punishment phase, the jury sentenced Reyes to three years' confinement. See Tex. Penal Code 12.425. Reyes appealed her conviction.
Reyes's court-appointed attorney on appeal filed a motion to withdraw supported by an Anders brief contending that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744-45 (1967). Reyes's court-appointed attorney's brief concluding that the appeal is frivolous and without merit 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 id.; 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"). Reyes's counsel represented to the Court that he provided copies of the motion and brief to Reyes; advised Reyes of her 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 Reyes with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Reyes requested access to the appellate record and has filed a pro se brief.
We have independently reviewed the record, counsel's brief, and Reyes'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 judgments of conviction.
Affirmed