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Houston, Texas - Criminal Defense lawyer represented defendant with appealing a murder charge.
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 that 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. Id. at 744; 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;
Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no
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,
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 Danny Easterling 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 other pending motions as moot.