Michael Jones v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 23, 2024
• Docket: 10-23-00217-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00217-CR

MICHAEL JONES, Appellant v.

THE STATE OF TEXAS, Appellee

From the 87th District Court Freestone County, Texas Trial Court No. 20-174CR

MEMORANDUM OPINION

Michael Jones pled guilty of the first-degree felony offense of manufacture or

delivery of a controlled substance. See TEX. HEALTH & SAFETY CODE ANN. § 481.112. The

trial court assessed Jones’s punishment at twenty years confinement in the Texas

Department of Criminal Justice Institutional Division. Id. This appeal ensued. We

affirm the trial court’s judgment.

Jones’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 id. at

744, 87 S.Ct. at 1400; High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.]

1978); see also Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); In re

Schulman, 252 S.W.3d 403, 407–09 (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,

87 S.Ct. at 1400; see Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 349–50, 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, 438 n.10, 108 S.Ct. 1895, 1902 n.10, 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, 826–28 (Tex. Crim.

App. 2005). Accordingly, we affirm the trial court’s judgment.

Counsel’s motion to withdraw from representation of Jones is granted.

MATT JOHNSON Justice

Michael Jones v. The State of Texas Page 2 Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed Opinion delivered and filed May 23, 2024 Do not publish [CR25]

Michael Jones v. The State of Texas Page 3