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 2018-09

Brandy Nichole Smith v. State ( 2018 )


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  •              In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-17-00343-CR
___________________________
BRANDY NICHOLE SMITH, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 43rd District Court
Parker County, Texas
Trial Court No. CR17-0107
Before Sudderth, C.J.; Walker and Kerr, JJ.
Opinion by Chief Justice Sudderth
MEMORANDUM OPINION1
Appellant Brandy Nichole Smith appeals her conviction of theft with two prior
theft convictions, for which she was sentenced to twenty-four months’ confinement
in state jail and a $1,000 fine. See Tex. Penal Code Ann. § 12.35 (West Supp. 2017)
(providing that state jail punishment range is confinement from 180 days to two years
and up to a $10,000 fine), § 31.03(a), (e)(4)(D) (West Supp. 2017) (providing that
theft—the unlawful appropriation of property with intent to deprive its owner
thereof—is a state jail felony if the stolen property’s value is less than $2,500 and the
defendant has been previously convicted two or more times of any grade of theft).
Appellant’s court-appointed appellate counsel filed a motion to withdraw as
counsel and a brief in support of that motion. See Anders v. California,
    386 U.S. 738
    ,
744–45,
    87 S. Ct. 1396
    , 1400 (1967).            Counsel’s brief and motion meet the
requirements of Anders v. California by presenting a professional evaluation of the
record demonstrating why there are no arguable grounds for relief.
    Id., 87 S. Ct. 
    at
1400. Appellant had the opportunity to file a pro se response to the Anders brief but
has not done so; the State has not filed a brief.
Once an appellant’s court-appointed attorney files a motion to withdraw on the
ground that the appeal is frivolous and fulfills the requirements of Anders, this court
must independently examine the record. See Stafford v. State,
    813 S.W.2d 503
    , 511
See Tex. R. App. P. 47.4.
1
2
(Tex. Crim. App. 1991); Mays v. State,
    904 S.W.2d 920
    , 922–23 (Tex. App.—Fort
Worth 1995, no pet.). Only then may we grant counsel’s motion to withdraw. See
Penson v. Ohio,
    488 U.S. 75
    , 82–83,
    109 S. Ct. 346
    , 351 (1988).
We have carefully reviewed the record and counsel’s brief. We agree with
counsel that this appeal is wholly frivolous and without merit; we find nothing in the
record that might arguably support the appeal. See Bledsoe v. State,
    178 S.W.3d 824
    ,
827–28 (Tex. Crim. App. 2005); see also Meza v. State,
    206 S.W.3d 684
    , 685 n.6 (Tex.
Crim. App. 2006). Accordingly, we grant counsel’s motion to withdraw and affirm
the trial court’s judgment.
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: September 13, 2018
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