Sadarius Greer v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 5, 2024
• Docket: 10-23-00425-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00425-CR

SADARIUS GREER, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 2021-1621-C2

MEMORANDUM OPINION

After a jury trial, Sadarius Greer was convicted of Possession of a Controlled

Substance With Intent to Deliver, To-Wit: Methamphetamine. See TEX. HEALTH & SAFETY

CODE ANN. § 481.112. He pled “true” to one felony enhancement paragraph and the jury

assessed his punishment at sixty years confinement in the Texas Department of Criminal

Justice Institutional Division. See TEX. PENAL CODE ANN. §§ 12.42(c)(1), 12.42(f). The trial court sentenced Greer accordingly, and this appeal followed. We affirm the judgment of

the trial court.

Greer’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 demonstrates a professional evaluation of the

record for error and he has demonstrated compliance with the other duties of appointed

counsel. See id. at 744; 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). By letter, we informed Greer of his right

to review the appellate record and to file a pro se response. Greer did not file a pro se

response.

In reviewing an Anders appeal, we must conduct a full examination of the

proceedings to determine whether the appeal is wholly frivolous. Anders, 386 U.S. at 744;

see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 349-50, 102 L.Ed.2d 300 (1988).

Arguments are frivolous when they “cannot conceivably persuade the court.” McCoy v.

Ct. of Appeals, 486 U.S. 429, 436 (1988). We have reviewed the entire record and counsel's

brief and agree that the appeal is frivolous. See Bledsoe v. State, 178 S.W.3d 824, 827–28

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

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

Greer v. State Page 2 STEVE SMITH Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed; motion granted Opinion delivered and filed December 5, 2024 Do not publish [CRPM]

Greer v. State Page 3