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Date: 08-13-2019
Case Style:
Larry Broden v. The State of Texas
Case Number: 01-17-00740-CR
Judge: PER CURIAM Panel consists of Justices Lloyd, Landau, and Countiss.
Court: Court of Appeals For The First District of Texas
Plaintiff's Attorney: Daniel C. McCrory
The Honorable Kim K Ogg
Defendant's Attorney: Mandy Miller
Description:
Pursuant to an agreement with the State, appellant, Larry Broden, pleaded guilty to the felony offense of murder.1 The trial court found appellant guilty, assessed his punishment at confinement for twenty-five years, and certified that
appellant had the right to 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 (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; 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; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.]
2006, no pet.).
Counsel has informed the Court that she provided appellant a copy of the brief,
motion to withdraw, and “a copy of the entire record,” and informed him of his right
to examine the appellate record and file a response to counsel’s Anders brief. See
Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); In re Schulman, 252
S.W.3d 403, 408 (Tex. Crim. App. 2008). This Court granted appellant’s pro se
motion to access the appellate record and extend the time for filing a response, and
a copy of the appellate record was sent to appellant. See Kelly, 436 S.W.3d at 319.
Appellant has not filed a response to his counsel’s Anders brief.
3
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 (emphasizing
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.
Outcome: We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.2 Attorney Mandy Miller 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.
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