Adam Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 27, 2023
• Docket: 11-22-00237-CR
• Status: Published

Opinion

Opinion filed July 27, 2023

In The

Eleventh Court of Appeals ___________

No. 11-22-00237-CR ___________

ADAM GARCIA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 161st District Court Ector County, Texas Trial Court Cause No. B-19-0192-CR

MEMORANDUM OPINION The jury convicted Appellant, Adam Garcia, of the third-degree felony offense of possession of a prohibited substance in a correctional facility. See TEX. PENAL CODE ANN. § 38.11(d)(1), (g) (West Supp. 2022). The jury assessed Appellant’s punishment at imprisonment for two years in the Texas Department of Criminal Justice, and the trial court sentenced him accordingly. We affirm. Appellant’s court-appointed counsel has filed in this court a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and concludes that the appeal is frivolous and without merit. Counsel provided Appellant with a copy of the brief, a copy of the motion to withdraw, and a copy of both the clerk’s record and the reporter’s record. Counsel advised Appellant of his right to review the record and file a response to counsel’s brief and of his right to file a petition for discretionary review with the clerk of the Texas Court of Criminal Appeals seeking review by that court. See TEX. R. APP. P. 68. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991). Appellant has not filed a response to counsel’s Anders brief. Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree that the appeal is frivolous and without merit.1 Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment of the trial court.

W. STACY TROTTER JUSTICE

July 27, 2023 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

1 We note that Appellant has a right to file a petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure.