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Date: 10-13-2020
Case Style:
Dustin Karl Bryant v. The State of Texas
Case Number: 10-19-00421-CR
Judge: TOM GRAY
Court: TENTH COURT OF APPEALS
Plaintiff's Attorney: Megan Pepper
Dustin H. Boyd
Charles Karakashian Jr.
Defendant's Attorney:
OR
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Description:
Gatesville, TX - Criminal defense lawyer represented defendant Dustin Karl Bryant charged with Theft.
Dustin Karl Bryant was convicted of Theft of Material—
Aluminum/Bronze/Copper/Brass and sentenced to 5 1/2 years in prison. See TEX.
PENAL CODE § 31.03(e)(4)(F). We affirm the trial court's judgment.
Bryant's appointed counsel filed a motion to withdraw and an Anders brief in
support of the motion asserting that he has diligently reviewed the appellate record and
that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.
Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel's brief evidences a professional evaluation of
Bryant v. State Page 2
the record for error and compliance with the other duties of appointed counsel. We
conclude that counsel has performed the duties required of appointed counsel. See
Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also
Kelly v. State, 436 S.W.3d 313, 319-320 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d
403, 407 (Tex. Crim. App. 2008).
In reviewing an Anders appeal, we must, "after a full examination of all the
proceedings, ... decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; see
Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); accord Stafford v.
State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or
"without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486
U.S. 429, 439 n. 10, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988). After a review of the entire
record in this appeal, we have determined the appeal to be wholly frivolous. See Bledsoe
v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
Outcome: Accordingly, we affirm the trial court's judgment.
Counsel's motion to withdraw from representation of Bryant is granted.
Plaintiff's Experts:
Defendant's Experts:
Comments: