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Date: 12-09-2020
Case Style:
Javalon Dale Robinson v. The State of Texas
Case Number: 01-19-00501-CR
Judge: Panel consists of Justices Goodman, Hightower, 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:
OR
Just Call 855-853-4800 for Free Help Finding a Lawyer Help You.
Description:
Houston, TX - Criminal defense lawyer represented defendant Javalon Dale Robinson charged with Aggravated Robbery with a deadly weapon.
Javalon Dale Robinson pleaded guilty to the offense of aggravated robbery
with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03. The trial court
sentenced Robinson to 30 years in the Institutional Division of the Texas Department
of Criminal Justice.
2
On appeal, Robinson’s appointed counsel 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 he 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.).
Counsel advised Robinson of his right to access the record and provided him
with a form motion for access to the record. Counsel further advised Robinson of
his right to file a pro se response to the Anders brief. Robinson requested and was
given access to the record, but he did not file a pro se response to counsel’s 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 1400
(emphasizing that reviewing court—and not counsel—determines, after full
examination of proceedings, whether appeal is wholly frivolous); Garner v. State,
3
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.1 Attorney Adam Banks Brown must immediately send Robinson 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.
Plaintiff's Experts:
Defendant's Experts:
Comments: