Kenneth Maurice McDonald v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 13, 2025
• Docket: 10-25-00157-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00157-CR

Kenneth Maurice McDonald, Appellant

v.

The State of Texas, Appellee

On appeal from the 52nd District Court of Coryell County, Texas Judge Trent D. Farrell, presiding Trial Court Cause No. 24-28654

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

Kenneth Maurice McDonald pled guilty to and was convicted of burglary

of a building. He was placed on community supervision for five years. The

trial court revoked McDonald’s supervision after McDonald pled true to each

alleged community supervision violation and sentenced McDonald to 20

months in State Jail. We affirm the trial court’s judgment. McDonald’s 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 Anders, 386 U.S. at

744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly

v. State, 436 S.W.3d 313, 319-320 (Tex. Crim. App. 2014); 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." 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 judgment.

McDonald v. State Page 2 Counsel's motion to withdraw from representation of McDonald is

granted.

LEE HARRIS Justice

OPINION DELIVERED and FILED: November 13, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Affirmed Motion granted Do Not Publish CR25

McDonald v. State Page 3