Rafer Sowell v. State

Opinion

Opinion issued February 11, 2020

In The

Court of Appeals

For The

First District of Texas

Department of Criminal Justice, with the sentences to run concurrently. Appellant timely filed a notice of appeal for each.

Appellant’s appointed counsel has filed a motion to withdraw, along with a brief stating that the record presents no reversible error in either case and the appeals are without merit and are frivolous. See Anders v. California, 386 U.S. 738 (1967). Counsel’s brief meets the Anders requirements by presenting a professional evaluation of the record and supplying us with references to the record and legal authority. 386 U.S. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that she has thoroughly reviewed the record and is unable to advance any grounds of error that warrant reversal in either case. See Anders, 386 U.S. at 744; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Appellant did not file a response.

We have independently reviewed the entire record in these appeals, and we conclude that no reversible error exists in the record, there are no arguable grounds for review, and the appeals are frivolous. See Anders, 386 U.S. at 744 (emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing

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court determines whether arguable grounds exist by reviewing entire record). We note that an appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.

We affirm the judgments of the trial court and grant counsel’s motion to withdraw.1 Attorney Sharon Slopis must immediately send appellant the required notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Goodman, and Countiss.

Do not publish. TEX. R. APP. P. 47.2(b).

1 Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.

1997).

Footnotes

1. NO. 01-19-00224-CR NO. 01-19-00225-CR ——————————— RAFER SOWELL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 179th District Court Harris County, Texas Trial Court Case Nos. 1561467 and 1599285 MEMORANDUM OPINION Appellant, Rafer Sowell, pleaded guilty to two counts of the felony offense of aggravated robbery with a deadly weapon. TEX. PENAL CODE § 29.03(a), (b). He was sentenced for each to confinement of 10 years and one day in the Texas