CourtListener 10297653•Mitchell Dale Phillips v. the State of Texas
Full text
IN THE
TENTH COURT OF APPEALS
No. 10-24-00160-CR
MITCHELL DALE PHILLIPS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 66th District Court
Hill County, Texas
Trial Court No. F029-24
MEMORANDUM OPINION
Mitchell Dale Phillips was convicted of possession of a controlled substance,
enhanced, and sentenced to life in prison. We affirm the trial court’s judgment.
Phillips’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 Anders, 386 U.S.
at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436
S.W.3d 313, 319-320 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407 (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; see
Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 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, 439 n. 10, 108 S. Ct. 1895, 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, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial
court's judgment.
Counsel's motion to withdraw from representation of Phillips is granted.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed; motion granted
Opinion delivered and filed December 19, 2024
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