Tylon Ladarryl Greer v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 20, 2023
• Docket: 05-22-00131-CR
• Status: Published

Opinion

AFFIRMED and Opinion Filed January 20, 2023

S In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00131-CR

TYLON LADARRYL GREER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause No. 32082

MEMORANDUM OPINION Before Justices Carlyle, Garcia, and Miskel Opinion by Justice Carlyle Tylon Ladarryl Greer appeals the revocation of his community supervision

and adjudication of guilt for the offense of possession of methamphetamine in the

amount of more than one gram but less than four grams.

Mr. Greer’s counsel has filed a motion to withdraw, supported by a brief in

which counsel professionally and conscientiously examines the record and

applicable law and concludes this appeal is frivolous and without merit. The brief

meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief

presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim.

App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders).

Counsel certifies he provided Mr. Greer with a copy of the brief and the motion to

withdraw. We advised Mr. Greer by letter of his right to file a pro se response, but

he has not done so. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App.

2014) (explaining right to file pro se response to Anders brief filed by counsel).1

We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178

S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in

Anders cases). We agree the appeal is frivolous and without merit, and we find

nothing in the record that might arguably support the appeal.

We affirm the trial court’s judgment and grant counsel’s motion to withdraw.

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

Do Not Publish Tex. R. App. P. 47.2(b) 220131F.U05

1 Though counsel’s brief complies with Anders, the record is unclear as to whether counsel complied with the requirements imposed by Kelly. Regardless, this Court’s letter properly informed Mr. Greer of his rights, including his right to file a petition for discretionary review, see TEX. R. APP. P. 68, and thus addressed any deficiencies in counsel’s correspondence. Under these circumstances, any failure by counsel to comply with Kelly’s requirements is harmless. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TYLON LADARRYL GREER, On Appeal from the 354th Judicial Appellant District Court, Hunt County, Texas Trial Court Cause No. 32082. No. 05-22-00131-CR V. Opinion delivered by Justice Carlyle. Justices Garcia and Miskel THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered January 20, 2023

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