Ethan Ringo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 30, 2024
• Docket: 10-24-00180-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-24-00180-CR

ETHAN RINGO, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2022-2232-C1

MEMORANDUM OPINION

Ethan Ringo pled true to seven violations alleged by the State in its motion to

adjudicate his deferred adjudication community supervision on two counts of indecency

with a child by contact. See TEX. PENAL CODE ANN. § 21.11. The trial court adjudicated

Ringo guilty on both counts and, after a punishment hearing, sentenced Ringo to 15 years

in prison on each count and a fine of $1,000 on Count One only. See id. at § 12.33. This

appeal followed. We affirm the judgments of the trial court. Ringo’s court-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 id. at

744, 87 S. Ct. at 1400; High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel Op.]

1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In re Schulman,

252 S.W.3d 403, 407-09 (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 judgments on Count One and Count Two.

Counsel’s motion to withdraw from representation of Ringo is granted.

Ringo v. State Page 2 STEVE SMITH Justice

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Justice Gray, Justice Johnson, and Justice Smith Affirmed; Motion granted Opinion delivered and filed December 30, 2024 Do not publish [CR25]

Ringo v. State Page 3