John Towmey A/K/A John Twomey v. the State of Texas

Opinion filed August 30, 2024

In The

Eleventh Court of Appeals
__________

No. 11-23-00090-CR
__________

JOHN TOWMEY A/K/A JOHN TWOMEY, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 35th District Court
Brown County, Texas
Trial Court Cause No. CR28761

MEMORANDUM OPINION
John Towmey a/k/a John Twomey, Appellant, pled guilty to three charges:
one first-degree felony offense of aggravated sexual assault, and two second-degree
felony offenses of sexual assault. 1 See TEX. PENAL CODE ANN. § 22.011 (West Supp.

Appellant was also convicted on the same day of two counts of aggravated kidnapping in a separate
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cause number, which is the subject of the appeal in our cause No. 11-23-00089-CR.
2023), § 22.021 (West 2019). Appellant signed a judicial confession admitting to
all allegations for all three offenses and was properly admonished by the trial court.
The trial court accepted Appellant’s pleas of guilty and, following a punishment
hearing, found Appellant guilty. The trial court assessed Appellant’s punishment at
imprisonment for life in the Institutional Division of the Texas Department of
Criminal Justice for the aggravated-sexual-assault conviction, and imprisonment for
a term of twenty years for each of the sexual-assault convictions. The trial court
ordered the sentences to run concurrently. See CRIM. PROC. art. 42.08(a) (West
Supp. 2023).
Appellant’s court-appointed counsel has filed in this court a motion to
withdraw. The motion is supported by a brief in which counsel professionally and
conscientiously examines the record and applicable law and concludes that there are
no arguable issues to present on appeal. Counsel provided Appellant with a copy of
the brief, a copy of the motion to withdraw, an explanatory letter, and a copy of the
complete appellate record. Counsel advised Appellant of his right to review the
record and file a pro se response to counsel’s brief, and of his right to file a petition
for discretionary review. See TEX. R. APP. P. 68. Court-appointed counsel has
complied with the requirements of Anders v. California, 386 U.S. 738 (1967);
Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d
403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App.
1991).
Appellant has not filed a response to counsel’s Anders brief. Following the
procedures outlined in Anders and Schulman, we have independently reviewed the
record, and we agree with counsel that no arguable grounds for appeal exist.2

2
We note that Appellant has a right to file a petition for discretionary review pursuant to Rule 68
of the Texas Rules of Appellate Procedure.

2
We grant counsel’s motion to withdraw, and we affirm the judgment of the
trial court.

W. BRUCE WILLIAMS
JUSTICE

August 30, 2024
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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