Date: 10-05-2017

Case Style: Patrick Henderson Cooper v. The State of Texas

Case Number: 01-16-00983-CR

Judge: Per Curiam

Court: Texas Court of Appeals, First District on appeal from the 176th District Court, Harris County

Plaintiff's Attorney: Daniel C. McCrory

Defendant's Attorney: Cynthia Henley

Description: Appellant, Patrick Henderson Cooper, pled guilty to engaging in organized criminal activity. See TEX. PENAL CODE ANN. § 71.02 (West Supp. 2016). Without an agreed punishment recommendation with the State, the trial court sentenced
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appellant to 30 years in prison. See id. § 12.42(d) (West 2011), 71.02(b)(3). Appellant
filed a timely notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw, along
with a brief stating that the record presents no reversible error and the appeal is
without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct.
1396 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d
807, 812 (Tex. Crim. App. 1978). Counsel indicates that she has thoroughly
reviewed the record and is unable to advance any grounds of error that warrant
reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193
S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Here, counsel’s brief reflects that she delivered a copy of the brief to appellant
and informed him of his right to examine the appellate record and to file a response.
See Schulman, 252 S.W.3d at 408. Appellant did not file a response to counsel’s
Anders brief.
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at
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1400 (emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by reviewing entire record). We note that an appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to withdraw.1 Attorney Cynthia Henley must immediately send appellant the required notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
1 Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: