Dylan Paul Tice v. the State of Texas

Court of Appeals of Texas·Decided November 9, 2022·No. 09-22-00200-CR·Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00200-CR __________________

DYLAN PAUL TICE, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 20-34,902 __________________________________________________________________

MEMORANDUM OPINION

In an open plea, appellant Dylan Paul Tice pleaded guilty to the offense of

violation of a protective order with previous convictions, a third-degree felony. See

Tex. Penal Code Ann. § 25.07(g)(2). After conducting a sentencing hearing, the trial

court found Tice guilty of the offense of violation of a protective order with previous

convictions and assessed Tice’s punishment at six years of confinement.

Tice’s appellate counsel filed an Anders brief that presents counsel’s

professional evaluation of the record and concludes that the appeal is frivolous. See

1 Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.

Crim. App. 1978). On July 27, 2022, we granted an extension of time for Tice to file

a pro se brief. We received no response from Tice.

We have independently reviewed the appellate record, and we agree with

counsel’s conclusion that no arguable issues support the appeal. See Anders, 386

U.S. at 744. Therefore, we find it unnecessary to order appointment of new counsel

to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App.

1991). We affirm the trial court’s judgment.1

AFFIRMED.

_________________________ W. SCOTT GOLEMON Chief Justice

Submitted on October 28, 2022 Opinion Delivered November 9, 2022 Do Not Publish

Before Golemon, C.J., Horton and Johnson, JJ.

1Tice may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Stafford v. State
813 S.W.2d 503 (Court of Criminal Appeals of Texas, 1991)
High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)