Stanley Dewayne Banks Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 5, 2025
• Docket: 09-24-00157-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00157-CR __________________

STANLEY DEWAYNE BANKS JR., Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 23-12-18428-CR __________________________________________________________________

MEMORANDUM OPINION

A grand jury indicted Appellant Stanley Dewayne Banks Jr. (“Appellant” or

“Banks”) for evading arrest or detention with a motor vehicle, and the indictment

also alleged that Banks used a deadly weapon, namely a motor vehicle, during the

commission of the offense or during the immediate flight therefrom. Banks pleaded

“not guilty” to the offense. The jury found Banks guilty of evading arrest or detention

as alleged in the indictment and found that Banks used or exhibited a deadly weapon,

namely a motor vehicle, during the commission of the offense or during the

1 immediate flight therefrom. See Tex. Penal Code Ann. § 38.04(b)(2)(A). The jury

assessed punishment at seven-and-a-half years in prison with no recommendation of

probation, and the trial court sentenced Banks in accordance with the jury’s verdict.

Banks timely filed his appeal.

On appeal, Appellant’s court-ordered attorney filed a brief stating that he has

reviewed the case and, based on his professional evaluation of the record and

applicable law, there are no arguable grounds for reversal. See Anders v. California,

386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We

granted an extension of time for Banks to file a pro se brief, and we received no

response from Banks.

Upon receiving an Anders brief, this Court must conduct a full examination

of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio,

488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire

record and counsel’s brief, and we have found nothing that would arguably support

an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005)

(“Due to the nature of Anders briefs, by indicating in the opinion that it considered

the issues raised in the briefs and reviewed the record for reversible error but found

none, the court of appeals met the requirements of Texas Rule of Appellate

Procedure 47.1.”). Therefore, we find it unnecessary to order appointment of new

2 counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim.

App. 1991). We affirm the trial court’s judgment.1

AFFIRMED.

LEANNE JOHNSON Justice

Submitted on January 29, 2025 Opinion Delivered February 5, 2025 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.

1 Banks may challenge our decision in this case by filing a petition for discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P. 68. 3