Rita Lynn Evans v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 23, 2024
• Docket: 10-23-00127-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00127-CR

RITA LYNN EVANS, Appellant v.

THE STATE OF TEXAS, Appellee

From the 278th District Court Leon County, Texas Trial Court No. 21-0108CR

MEMORANDUM OPINION

A jury found Rita Lynn Evans guilty of two counts of the first-degree felony

offense of solicitation to commit capital murder. See TEX. PENAL CODE ANN. § 15.03(a).

The trial court assessed Evans’s punishment on each count at thirty years confinement in

the Texas Department of Criminal Justice Institutional Division, to run concurrently. See

TEX. PENAL CODE ANN. § 12.32. This appeal ensued. We affirm the trial court’s judgment.

Evans’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 Evans is granted.

MATT JOHNSON Justice

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Page 2 Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed Opinion delivered and filed May 23, 2024 Do not publish [CR25]

Evans v. State Page 3