Alan Lee Beusse v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00403-CR

Alan Lee Beusse, Appellant

v.

The State of Texas, Appellee

FROM THE 426TH DISTRICT COURT OF BELL COUNTY NO. 82002, THE HONORABLE STEVEN J. DUSKIE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Alan Lee Beusse was convicted by a jury of possession of

methamphetamine in an amount greater than or equal to four grams but less than 200 grams and

sentenced to thirty-five years’ confinement and a $10,000 fine. See Tex. Health & Safety Code

§ 481.115(d).

Appellant’s court-appointed attorney has filed a motion to withdraw supported by

a brief concluding that the appeal is frivolous and without merit. The brief meets the

requirements of Anders v. California by presenting a professional evaluation of the record

demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967);

Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,

488 U.S. 75, 81–82 (1988). Appellant’s counsel has certified to this Court that he sent copies of

the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se response, and provided a motion to assist appellant in obtaining the record. See

Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at

744. Appellant filed a pro se response on May 2, 2023.

We have conducted an independent review of the record—including the record of

the trial and sentencing proceedings below, appellate counsel’s brief, and appellant’s pro se

response —and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at

766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel

that the record presents no arguably meritorious grounds for review, and the appeal is frivolous.

Counsel’s motion to withdraw is granted. The trial court’s judgment of

conviction is affirmed.

__________________________________________ Rosa Lopez Theofanis, Justice

Before Chief Justice Byrne, Justices Triana and Theofanis

Affirmed

Filed: August 22, 2023

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