CourtListener 10626920•Jolee Marie Lowe v. the State of Texas
Full text
In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-24-00395-CR
________________
JOLEE MARIE LOWE, Appellant
V.
THE STATE OF TEXAS, Appellee
________________________________________________________________________
On Appeal from the 356th District Court
Hardin County, Texas
Trial Cause No. 28241
________________________________________________________________________
MEMORANDUM OPINION
In an open plea, appellant Jolee Marie Lowe pleaded guilty to possession of a
controlled substance, a second-degree felony. See Tex. Health & Safety Code Ann.
§ 481.115(a), (d). After conducting a sentencing hearing, the trial court assessed
Lowe’s punishment at ten years of confinement.
Lowe’s appellate counsel filed an Anders brief that presents counsel’s
professional evaluation of the record and concludes that the appeal is frivolous. See
1
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.
Crim. App. 1978). On March 31, 2025, we granted an extension of time for Lowe to
file a pro se brief. We received no response from Lowe.
Upon receiving an Anders brief, this Court must conduct a full examination
of all the proceedings 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 the appeal. 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
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
1
Lowe may challenge our decision in this case by filing a petition of
discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P.
68.1.
2
AFFIRMED.
JAY WRIGHT
Justice
Submitted on July 7, 2025
Opinion Delivered July 9, 2025
Do Not Publish
Before Golemon, C.J., Wright and Chambers, JJ.
3
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