Louis Anthony III v. State ( 2019 )

Opinion issued August 8, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00814-CR
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LOUIS ANTHONY III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Cause No. 1427651
MEMORANDUM OPINION
Appellant, Louis Anthony III, pleaded guilty, without an agreed
recommendation from the State, to the offense of aggravated assault with a deadly
weapon. See TEX. PENAL CODE §§ 22.01(a)(1), 22.02(a)(2). The trial court found
sufficient evidence to find appellant guilty, but deferred making any finding
regarding appellant’s guilt and placed appellant on community supervision for a
period of six years. See TEX. CODE CRIM. PROC. art. 42.12 § 5(a). The State then
filed a motion to adjudicate appellant’s guilt alleging multiple violations. See id.
§§ 5(b), 21(e). Appellant pleaded true to some of the violations and pleaded not true
to other alleged violations. After a hearing, the trial court found that in addition to
appellant pleading true to multiple violations, appellant also committed additional
violations, adjudicated him guilty, and sentenced him to eighteen years in prison.
See id. §§ 5(b), 21(b), 23. Appellant timely filed a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw, along
with a brief stating that the record presents no reversible error and the appeal is
without merit and is frivolous. See Anders v. California, 386 U.S. 738 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. 386 U.S. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim.
App. 1978). Counsel indicates that he has thoroughly reviewed the record and he is
unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S.
at 744; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.]
2006, no pet.).
Appellant filed a response to counsel’s Anders brief on December 21, 2018.
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We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and the appeal is frivolous. See Anders, 386 U.S. at 744 (emphasizing
that reviewing court—and not counsel—determines, after full examination of
proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763,
767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable
grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim.
App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines
whether arguable grounds exist by reviewing entire record). We note that an
appellant may challenge a holding that there are no arguable grounds for appeal by
filing a petition for discretionary review in the Texas Court of Criminal Appeals.
See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.1 Attorney Thomas J. Lewis must immediately send appellant the required
notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P.
6.5(c).
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).
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PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Hightower.
Do not publish. TEX. R. APP. P. 47.2(b).
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