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Date: 06-27-2016

Case Style: Danny Medina v. The State of Texas

Case Number: 07-15-00328-CR

Judge: Mackey K. Hancock

Court: In The Court of Appeals Seventh District of Texas at Amarillo

Plaintiff's Attorney:



Wally Hatch,
District Attorney - Hale County


Defendant's Attorney:

James B. Johnston

Description: Appellant’s attorney has filed an Anders brief and a motion to withdraw. Anders
v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 498 (1967). In support of his
motion to withdraw, counsel certifies that he has diligently reviewed the record and, in
his opinion, the record reflects no reversible error upon which an appeal can be
predicated. Id. at 744–45. In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.
Crim. App. [Panel Op.] 1978), counsel has candidly discussed why, under the
controlling authorities, there is no error in the trial court’s judgment. Additionally,
counsel has certified that he has provided appellant a copy of the Anders brief and
motion to withdraw and appropriately advised appellant of his right to file a pro se
response in this matter. Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991)
(en banc). The Court has also advised appellant of his right to file a pro se response.
Additionally, appellant’s counsel has certified that he has provided appellant with a copy
of the clerk’s record and the reporter’s record to use in preparation of a pro se
response. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014).
Appellant has filed no response.
By his Anders brief, counsel raises grounds that could possibly support an
appeal, but concludes the appeal is frivolous. We have reviewed these grounds and
made an independent review of the entire record to determine whether there are any
arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75,
82–83, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824,
3
826–27 (Tex. Crim. App. 2005). We have found no such arguable grounds and agree
with counsel that the appeal is frivolous.2

Outcome:

Accordingly, counsel’s motion to withdraw is hereby granted, and the trial court’s judgment is affirmed.

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