David Gonzalez-Estrada v. State

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-19-00261-CR

DAVID GONZALEZ-ESTRADA, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas

Trial Court No. 2018-1530-C2

MEMORANDUM OPINION

David Gonzalez-Estrada was convicted of online solicitation of a minor. See TEX.

PENAL CODE ANN. § 33.021 (West 2016). We affirm the trial court’s judgment.

Gonzalez-Estrada’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 (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 (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 (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 Gonzalez-Estrada is granted.

JOHN E. NEILL

Justice

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Before Chief Justice Gray, Justice Davis, and Justice Neill Affirmed; motion granted Opinion delivered and filed February 26, 2020 Do not publish [CR25]

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