Turner Perry Taylor v. the State of Texas ( 2022 )

IN THE TENTH COURT OF APPEALS No. 10-21-00145-CR TURNER PERRY TAYLOR, Appellant v. THE STATE OF TEXAS, Appellee From the County Court at Law No. 1 McLennan County, Texas Trial Court No. 20171417CR1 MEMORANDUM OPINION Turner Perry Taylor was convicted of Driving While Intoxicated and sentenced to 180 days in jail. That sentence was suspended and Taylor was placed on community supervision-probation for 15 months. After a motion to revoke was filed by the State and heard by the trial court, Taylor’s community supervision-probation was extended six months from the date of the order. After another motion to revoke was filed by the State and heard by the trial court, Taylor’s community supervision-probation was revoked, and he was sentenced to 170 days in jail with a $1,000 fine. We affirm the trial court’s judgment. Taylor’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 Taylor is granted. TOM GRAY Chief Justice Taylor v. State Page 2 Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed; motion granted Opinion delivered and filed February 23, 2022 Do not publish [CR25] Taylor v. State Page 3