Opinion
No. 05-19-00585-CR
07-06-2020
DALE LEROY VERHAGEN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 382nd Judicial District Court Rockwall County, Texas
Trial Court Cause No. 2-19-0252
MEMORANDUM OPINION
Before Justices Bridges, Pedersen, III, and Evans
Opinion by Justice Evans
Appellant Dale Leroy Verhagen appeals his conviction for possession with intent to deliver methamphetamine in an amount of four grams or more, but less than two hundred grams. We affirm the trial court's judgment.
BACKGROUND
Appellant was indicted for the offense of possession with intent to deliver methamphetamine in an amount of four grams or more, but less than two hundred grams. At the admonishment hearing, the State advised the court of its offer of fifteen years and noted that it would add an enhancement paragraph to the indictment if the case went to trial. Appellant rejected the offer and elected to present his case to a jury. The jury found appellant guilty of the offense as alleged in the indictment. The jury subsequently found the allegation of the previous felony conviction was true and sentenced appellant to fifteen years' imprisonment.
ANALYSIS
Appellant's appointed counsel filed an Anders brief and motion to withdraw stating that she diligently reviewed the entire appellate record and that, in her opinion, there are no meritorious issues on appeal. See Anders v. California, 386 U.S. 738, 744 (1967). Counsel's brief meets the requirements of Anders as it presents a professional evaluation of the record demonstrating why there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (evaluating whether brief meets Anders requirements). Counsel delivered a copy of the brief to appellant, and by letter dated December 27, 2019, we advised appellant of his right to file a pro se response and that he needed to file a motion for pro se access to the appellant record by February 3, 2020. We advised appellant that failure to file a motion by that date would result in the case being submitted on the Anders brief alone. Appellant did not file a motion or response.
Upon receiving an Anders brief, this Court must conduct an independent examination of all proceedings to determine whether the case is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988). We have reviewed the entire record and counsel's brief and we have found nothing that would arguably support the appeal.
CONCLUSION
Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.
/David Evans/
DAVID EVANS
JUSTICE Do Not Publish
TEX. R. APP. P. 47
190585F.U05
JUDGMENT
On Appeal from the 382nd Judicial District Court, Rockwall County, Texas
Trial Court Cause No. 2-19-0252.
Opinion delivered by Justice Evans. Justices Bridges and Pedersen, III participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered July 6, 2020.