Williams v. State

Full title: Tevin Eugene Williams, Appellant v. The State of Texas, Appellee

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

Date published: Dec 17, 2014

NO. 03-14-00514-CR (Tex. App. Dec. 17, 2014)

Opinion

NO. 03-14-00514-CR

12-17-2014

Tevin Eugene Williams, Appellant v. The State of Texas, Appellee

J. Woodfin Jones, Chief Justice

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 72750, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION

Tevin Eugene Williams pleaded guilty to possession of identifying information, a second-degree felony. See Tex. Penal Code § 32.51 (b)(1), (c)(3). The trial court sentenced him to six years in prison and imposed a fine of $500. See id. § 12.33 (punishment range for second-degree felony is 20 years maximum and 2 years minimum with fine up to $10,000).

Williams'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 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. At appellant's request, the district court provided appellant with a copy of the record in this case, but no pro se brief or other written response has been filed.

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 17, 2014 Do Not Publish