From Casetext: Smarter Legal Research

Steen v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 11, 2014
NO. 03-14-00206-CR (Tex. App. Dec. 11, 2014)

Opinion

NO. 03-14-00206-CR

12-11-2014

Michael Wayne Steen, II, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 69660, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION

A jury convicted appellant Michael Wayne Steen, II of unlawful possession of a firearm by a convicted felon, a third-degree felony. See Tex. Penal Code § 46.04(a), (e). Punishment was assessed at ten years' imprisonment. See id. § 12.34 (punishment range for third-degree felony is ten years maximum and two years minimum).

Steen'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 (1988).

Appellant's counsel 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 dismissal of this appeal as frivolous; and provided appellant 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, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. No pro se brief or other written response has been filed, including a motion for access to the appellate record.

We have reviewed the record, including appellate counsel'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/_________

J. Woodfin Jones, Chief Justice
Before Chief Justice Jones, Justices Rose and Goodwin Affirmed Filed: December 11, 2014 Do Not Publish


Summaries of

Steen v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 11, 2014
NO. 03-14-00206-CR (Tex. App. Dec. 11, 2014)
Case details for

Steen v. State

Case Details

Full title:Michael Wayne Steen, II, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Dec 11, 2014

Citations

NO. 03-14-00206-CR (Tex. App. Dec. 11, 2014)