Dominique Green v. State

Court of Appeals of Texas·Decided March 21, 2019·No. 11-18-00175-CR·Published

Opinion

Opinion filed March 21, 2019

In The

Eleventh Court of Appeals ___________

No. 11-18-00175-CR ___________

DOMINIQUE GREEN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause No. 27329A

MEMORANDUM OPINION Based upon an open plea of guilty, the trial court convicted Appellant, Dominique Green, of the third-degree felony offense of injury to a child. The trial court assessed Appellant’s punishment at confinement for six years. We affirm. Appellant’s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and concludes that this appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, and a copy of the reporter’s record. Counsel advised Appellant of her right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of her right to file a petition for discretionary review in order to seek review by the Texas Court of Criminal Appeals. See TEX. R. APP. P. 48.4, 68. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991). Appellant has not filed a response to counsel’s Anders brief. Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree with counsel that the appeal is frivolous and without merit. 1 We grant counsel’s motion to withdraw and affirm the judgment of the trial court.

PER CURIAM March 21, 2019 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.2

Willson, J., not participating.

1 We note that Appellant has a right to file a petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
In Re Schulman
252 S.W.3d 403 (Court of Criminal Appeals of Texas, 2008)
Stafford v. State
813 S.W.2d 503 (Court of Criminal Appeals of Texas, 1991)
Kelly, Sylvester
436 S.W.3d 313 (Court of Criminal Appeals of Texas, 2014)