Opinion
02-23-00316-CR
08-29-2024
Michael Cleon Williams, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from Criminal District Court No. 3 Tarrant County, Texas Trial Court No. 1626098
Before Kerr, Womack, and Wallach, JJ.
MEMORANDUM OPINION
Elizabeth Kerr Justice
The trial court adjudicated Michael Cleon Williams guilty of assault of a family member by impeding her breath, assessed his punishment at 15 years' confinement, and sentenced him accordingly. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(2)(B). Williams appealed.
Williams'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 professionally evaluates the appellate record and demonstrates why no arguable grounds for relief exist; the brief and withdrawal motion meet the requirements of Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 1400 (1967). 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).
Williams filed a pro se response after obtaining a copy of the appellate record. 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, the appellate record, and Williams's response. 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). Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.