Kasey Anderson Benson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 3, 2024
• Docket: 06-23-00227-CR
• Status: Published

Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06-23-00227-CR

KASEY ANDERSON BENSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 8th District Court Hopkins County, Texas Trial Court No. 2229396

Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Chief Justice Stevens MEMORANDUM OPINION

Pursuant to a plea agreement, Kasey Anderson Benson pled guilty to injury to an elderly

person,1 and the trial court deferred adjudication of his guilt and placed Benson on five years’

community supervision. In July 2023, the State filed a motion to proceed to adjudication of

guilt. Benson pled not true to the State’s allegations, and after evidence was admitted in support

of the allegations, the trial court found the allegations true and sentenced Benson to seven years’

imprisonment. Benson appeals the judgment revoking his community supervision and

adjudicating his guilt.

Benson’s appellate counsel filed a brief that outlined the procedural history of the case,

provided a detailed summary of the evidence elicited during the trial court proceedings, and

stated that counsel found no meritorious issues to raise on appeal. Counsel provided a

professional evaluation of the record and demonstrated why there are no arguable grounds to be

advanced, as required by law. See Anders v. California, 386 U.S. 738, 743–44 (1967); In re

Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State,

813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812–13 (Tex.

Crim. App. [Panel Op.] 1978).

Benson’s counsel filed a motion with this Court seeking to withdraw as counsel in this

appeal and provided Benson with copies of the brief and the motion to withdraw. His counsel

also informed Benson of his rights to review the record and to file a pro se response and provided

Benson with a pro se motion for access to the appellate record. By letter dated February 13,

1 See TEX. PENAL CODE ANN. § 22.04(a)(3), (f) (Supp.). 2 2024, we notified Benson that his signed pro se motion for access was due on February 28, 2024.

By letter dated March 7, 2024, we notified Benson that the case would be submitted on briefs on

March 28, 2024, and that his pro se response to his counsel’s Anders brief should be filed on or

before that date. Benson did not file a pro se response.

We have determined that this appeal is wholly frivolous. We have independently

reviewed the entire appellate record and, like counsel, have determined that no reversible error

exists. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). In the Anders

context, once we determine that the appeal is without merit, we must affirm the trial court’s

judgment.2 See id.

Scott E. Stevens Chief Justice

Date Submitted: March 28, 2024 Date Decided: April 3, 2024

Do Not Publish

2 Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should appellant desire to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4. 3