Caleb Peter Hobart v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 30, 2023
• Docket: 10-23-00060-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00060-CR

CALEB PETER HOBART, Appellant v.

THE STATE OF TEXAS, Appellee

From the County Court at Law No. 1 Ellis County, Texas Trial Court No. 2210182

MEMORANDUM OPINION

Caleb Peter Hobart was convicted of Driving While Intoxicated, a Class A

misdemeanor, and sentenced to 365 days in jail. We affirm the trial court’s judgment.

Hobart’s appointed counsel filed a motion to withdraw and an Anders brief in

support of the motion asserting that he 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 Hobart is granted.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed; motion granted Opinion delivered and filed November 30, 2023 Do not publish [CR25]

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