Marcus Ray Bryant v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 28, 2023
• Docket: 10-22-00376-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00376-CR

MARCUS RAY BRYANT, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2021-1610-C2

MEMORANDUM OPINION

Appellant, Marcus Ray Bryant, appeals his conviction for unlawful possession of

a firearm by a felon. A jury found him guilty as alleged in the indictment, found the

enhancement and habitual allegations to be true, and sentenced him to forty-five years'

confinement in the Texas Department of Criminal Justice, Institutional Division. This

appeal followed. Bryant'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, 744

(1967). Counsel's brief evidences a professional evaluation of the record for error and

compliance with the other duties of appointed counsel. Accordingly, we conclude that

counsel has performed the duties required of appointed counsel. See id.; High v. State, 573

S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex.

Crim. App. 2014).

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;

Stafford v. State, 813 S.W.2d 503, 511 (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, 438 n.10 (1988). After a review of the entire record in this appeal,

we further conclude that this appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d

824, 826-27 (Tex. Crim. App. 2005).

Based on the foregoing, we affirm the trial court's judgment. Furthermore, we

grant counsel's motion to withdraw from representation of Bryant in this appeal.

STEVE SMITH Justice

Bryant v. State Page 2 Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed Opinion delivered and filed June 28, 2023 Do not publish [CRPM]

Bryant v. State Page 3