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Rhyne v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 14, 2020
No. 10-19-00433-CR (Tex. App. Oct. 14, 2020)

Opinion

No. 10-19-00433-CR

10-14-2020

KRISTOFFER LANCE RHYNE, Appellant v. THE STATE OF TEXAS, Appellee


From the 440th District Court Coryell County, Texas
Trial Court No. 18-25202

MEMORANDUM OPINION

Kristoffer Lance Rhyne was convicted of Aggravated Assault with a deadly weapon and sentenced to 12 years in prison. We affirm the trial court's judgment.

Rhyne's appointed counsel filed a motion to withdraw and an Anders brief in support of the motion asserting that counsel has diligently reviewed the appellate record and that, in counsel's opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel's brief evidences a professional evaluation of the record for error, and the brief and other documents sent to us by counsel evidence compliance with the other duties of appointed counsel. We conclude that counsel has performed the duties required of appointed counsel. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436 S.W.3d 313, 319-320 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008).

In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988). After a review of the entire record in this appeal, we have determined the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's judgment.

Counsel's motion to withdraw from representation of Rhyne is granted.

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Affirmed
Motion granted
Opinion delivered and filed October 14, 2020
Do not publish
[CR25]


Summaries of

Rhyne v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Oct 14, 2020
No. 10-19-00433-CR (Tex. App. Oct. 14, 2020)
Case details for

Rhyne v. State

Case Details

Full title:KRISTOFFER LANCE RHYNE, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Oct 14, 2020

Citations

No. 10-19-00433-CR (Tex. App. Oct. 14, 2020)