Opinion
02-23-00294-CR
08-29-2024
Frederick Wayne Stephenson, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 396th District Court Tarrant County, Texas Trial Court No. 1756284
Before Kerr, Birdwell, and Wallach, JJ.
MEMORANDUM OPINION
Mike Wallach Justice
Frederick Wayne Stephenson pleaded guilty, without the benefit of a plea bargain, to aggravated assault with a deadly weapon and true to a penalty enhancement alleging his prior felony conviction for aggravated robbery. See Tex. Penal Code Ann. §§ 22.01(a)(2), 22.02(a)(2); see also id. §§ 12.32, 12.42(b) (stating that prior felony conviction increases second-degree felony punishment range to that of a first-degree felony, which is 5-99 years or life and up to a $10,000 fine). After obtaining a presentence investigation report and hearing relevant evidence, the trial court assessed Stephenson's punishment at ten years' confinement and sentenced him accordingly. Stephenson appealed.
Stephenson's court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion in which he avers that, in his professional opinion, this appeal is frivolous. Counsel's brief and motion meet the requirements of Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 1400 (1967), by professionally evaluating the appellate record and demonstrating why no arguable grounds for relief exist. See Stafford v. State, 813 S.W.2d 503, 510-11 (Tex. Crim. App. 1991). Counsel also complied with Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014).
Although Stephenson obtained a copy of the appellate record, he did not file a pro se response to the Anders brief. Likewise, the State did not file a response.
After an appellant's court-appointed counsel files a motion to withdraw on the ground that an appeal is frivolous and fulfills Anders's requirements, we must independently examine the record for any arguable ground that may be raised on his behalf. See Stafford, 813 S.W.2d at 511. Only then may we grant counsel's motion to withdraw. See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S.Ct. 346, 351 (1988).
We have carefully reviewed counsel's brief and the appellate record. We agree with counsel that the appeal is wholly frivolous and without merit; we find nothing in the appellate record that otherwise 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).
Having found that the appeal is frivolous, we grant counsel's motion to withdraw, and we affirm the trial court's judgment.