Anthony Dewayne Gordon v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 24, 2024
• Docket: 06-24-00054-CR
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-24-00054-CR

ANTHONY DEWAYNE GORDON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 71st District Court Harrison County, Texas Trial Court No. 23-0182X

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Chief Justice Stevens MEMORANDUM OPINION

A Harrison County jury convicted Anthony Dewayne Gordon of failure to register as a

sex offender, a third-degree felony, and assessed a sentence of eight years’ imprisonment. See

TEX. CODE CRIM. PROC. ANN. art. 62.102(b)(2). Gordon appeals.

Gordon’s attorney has filed a brief stating that she reviewed the record and found no

genuinely arguable issues that could be raised on appeal. The brief sets out the procedural

history of the case and summarizes the evidence elicited during the trial court proceedings.

Since counsel has provided a professional evaluation of the record demonstrating why there are

no arguable grounds to be advanced, that evaluation meets the requirements of Anders v.

California. Anders v. California, 386 U.S. 738, 743–44 (1967); In re Schulman, 252 S.W.3d

403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509–10

(Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.]

1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal.

On May 17, 2024, counsel mailed to Gordon copies of the brief and the motion to

withdraw. We granted Gordon’s motion for pro se access to the appellate record and informed

him of his rights to review the record and file a pro se response. Gordon filed a pro se response.

We have determined that this appeal is wholly frivolous. We have independently

reviewed the entire appellate record and Gordon’s pro se response. Like counsel, we have

determined that no arguable issue supports an appeal. See Bledsoe v. State, 178 S.W.3d 824,

826–27 (Tex. Crim. App. 2005). In the Anders context, once we determine that the appeal is

without merit, we must affirm the trial court’s judgment. Id.

2 We affirm the judgment of the trial court.1

Scott E. Stevens Chief Justice

Date Submitted: September 9, 2024 Date Decided: September 24, 2024

Do Not Publish

1 Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should appellant desire to seek further review of this case by the Texas Court of Criminal Appeals, the appellant must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4. 3