Gabriel Dwain Hall v. State

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-19-00300-CR

GABRIEL DWAIN HALL, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2018-804-C2

MEMORANDUM OPINION

The jury convicted Gabriel Hall of the offense of aggravated assault and assessed

punishment at forty years confinement. We affirm.

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

support of the motion stating 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 performed the

duties required of appointed counsel. See Anders v. California, 386 U.S. at 744; High v.

State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also 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." See Anders v. California, 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 determine 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 Hall is granted.

JOHN E. NEILL Justice

Before Chief Justice Gray, Justice Davis, and Justice Neill Affirmed; motion granted Opinion delivered and filed March 23, 2020 Do not publish [CRPM] Hall v. State Page 2