Gary Bean v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 7, 2024
• Docket: 03-22-00656-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00656-CR

Gary Bean, Appellant

v.

The State of Texas, Appellee

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. CR-20-3373-A, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

MEMORANDUM OPINION

Gary Bean was convicted by a jury of the offense of driving while intoxicated

while having two former convictions for driving while intoxicated. See Tex. Penal Code

§ 49.09(b). The jury assessed punishment at eight years in prison.

Bean’s court-appointed attorney on appeal has filed a motion to withdraw

supported by an Anders brief contending that the appeal is frivolous and without merit. See

Anders v. California, 386 U.S. 738, 744-45 (1967). Bean’s court-appointed attorney’s brief

meets the requirements of Anders by presenting a professional evaluation of the record and

demonstrating that there are no arguable grounds to be advanced. See id.; Garner v. State,

300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 81-82

(1988) (explaining that Anders briefs serve purpose of “assisting the court in determining both

that counsel in fact conducted the required detailed review of the case and that the appeal is . . . frivolous”). Bean’s counsel has represented to the Court that he provided copies of the motion

and brief to Bean; advised Bean of his right to examine the appellate record, file a pro se brief,

and pursue discretionary review following the resolution of the appeal in this Court. He also

provided to Bean a Motion for Pro Se Access to the Appellate Record lacking only Bean’s

signature and the date and provided the mailing address for this Court. See Kelly v. State,

436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Bean has not filed a pro se brief nor a motion

for extension of time to file a brief.

We have independently reviewed the record and have found nothing that might

arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We

agree with counsel that the appeal is frivolous and without merit. We grant counsel’s motion to

withdraw and affirm the trial court’s order.

__________________________________________ Chari L. Kelly , Justice

Before Justices Baker, Triana, and Kelly

Affirmed

Filed: June 7, 2024

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