Brandon Allen Terrell v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 22, 2024
• Docket: 03-23-00576-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00576-CR NO. 03-23-00577-CR NO. 03-23-00578-CR

Brandon Allen Terrell, Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF BELL COUNTY NOS. MR2C2004441, MR2C2004442 & MR2C2004443 THE HONORABLE JOHN MICHAEL MISCHTIAN, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Brandon Allen Terrell pleaded no contest to three misdemeanor

offenses: possessing more than one currently valid driver’s license, see Tex. Transp. Code

§ 521.451(a)(4), driving while intoxicated (DWI), see Tex. Penal Code § 49.04(a), and resisting

arrest, see id. § 38.03(a). The trial court accepted appellant’s pleas and sentenced him to 300

days’ confinement and a $100 fine, 180 days’ confinement and a $500 fine, and 300 days’

confinement and a $500 fine, respectively. The court suspended appellant’s sentences and

placed him on community supervision for 15 months in each case.

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

a brief concluding that the appeals are 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 also certified to the Court that she sent

copies of the motion and brief to appellant; informed him of his right to examine the appellate

record and file a pro se response; and provided him with a motion to assist him 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 with the Court on May 20, 2024.

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

the plea 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 appeals are frivolous.

Counsel’s motion to withdraw is granted. The trial court’s orders granting

community supervision are affirmed.

__________________________________________ Edward Smith, Justice

Before Chief Justice Byrne, Justices Smith and Theofanis

Affirmed

Filed: August 22, 2024

Do Not Publish