Brandon Vaughn Chalfant v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 30, 2024
• Docket: 10-24-00199-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00199-CR

BRANDON VAUGHN CHALFANT, Appellant v.

THE STATE OF TEXAS, Appellee

From the 369th District Court Leon County, Texas Trial Court No. 23-145-DCCR-0139

MEMORANDUM OPINION

Brandon Vaughn Chalfant was convicted of the offense of Failure to Comply with

Registration Requirements and sentenced to 9 years in prison. See TEX. CODE CRIM. PROC.

art 62.102(b)(2). We affirm the trial court’s judgment.

Chalfant’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 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). Accordingly, we affirm the trial

court's judgment.

Counsel's motion to withdraw from representation of Chalfant is granted.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed; motion granted Opinion delivered and filed December 30, 2024 Do not publish [CR25]

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