Tiajah Terron Turner v. the State of Texas

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

___________________________

No. 02-23-00228-CR

___________________________

TIAJAH TERRON TURNER, Appellant V.

THE STATE OF TEXAS

On Appeal from Criminal District Court No. 3 Tarrant County, Texas

Trial Court No. 1736166

Before Kerr, Wallach, and Walker, JJ.

Memorandum Opinion by Justice Kerr

MEMORANDUM OPINION

Appellant Tiajah Terron Turner appeals the trial court’s judgment convicting him of aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02(a)(2). Turner was originally placed on deferred-adjudication community supervision. The State filed a petition to adjudicate him guilty. Turner pleaded not true to the allegations in the State’s petition. Following a hearing, the trial court adjudicated Turner guilty and assessed his punishment at eight years in prison. Turner now appeals.

Upon reviewing the record and concluding that no arguable grounds for appeal exist, Turner’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. See Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). Counsel’s brief and motion meet the requirements of Anders—he has presented a professional evaluation of the entire record demonstrating why there are no arguable grounds for relief. Id., 87 S. Ct. at 1400. We have independently examined the record, as is our duty upon receiving an Anders brief. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State, 904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.); see also Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988). Turner did not file a pro se response. The State agreed with appointed appellate counsel’s assessment that no meritorious grounds for appeal exist and declined to file a brief.

3

After carefully reviewing the records and counsel’s brief, we agree with counsel that this appeal is wholly frivolous and without merit. Our independent review of the record reveals nothing further that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). We grant counsel’s motion to withdraw and affirm the trial court’s judgment.

/s/ Elizabeth Kerr

Elizabeth Kerr

Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: May 16, 2024