CourtListener 9506905•Michael Jones v. the State of Texas
Gesamter Gesetzestext
IN THE
TENTH COURT OF APPEALS
No. 10-23-00217-CR
MICHAEL JONES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 87th District Court
Freestone County, Texas
Trial Court No. 20-174CR
MEMORANDUM OPINION
Michael Jones pled guilty of the first-degree felony offense of manufacture or
delivery of a controlled substance. See TEX. HEALTH & SAFETY CODE ANN. § 481.112. The
trial court assessed Jones’s punishment at twenty years confinement in the Texas
Department of Criminal Justice Institutional Division. Id. This appeal ensued. We
affirm the trial court’s judgment.
Jones’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 Jones is granted.
MATT JOHNSON
Justice
Michael Jones v. The State of Texas Page 2
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed
Opinion delivered and filed May 23, 2024
Do not publish
[CR25]
Michael Jones v. The State of Texas Page 3
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