Carter Cole Bomer v. the State of Texas ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00024-CR
Carter Cole Bomer, Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY
NO. CR2017-806, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Carter Cole Bomer was convicted by a jury of first-degree murder and
sentenced by the trial court to fifty years’ confinement. See Tex. Penal Code. § 19.02(c).
Appellant’s court-appointed attorney has filed a motion to withdraw supported by
a brief concluding that the appeal is frivolous and without merit. The brief meets the
requirements of Anders v. California by presenting a professional evaluation of the record
demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967);
Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 81–82 (1988). Appellant’s counsel has certified to this Court that he sent copies of
the motion and brief to appellant, advised appellant of his right to examine the appellate record
and file a pro se response, and provided a motion to assist appellant in obtaining the record. See
Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at
744. Appellant filed a pro se response on December 21, 2022.
We have conducted an independent review of the record—including the record of
the trial and sentencing proceedings below, appellate counsel’s brief, and appellant’s pro se
response—and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at
766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel
that the record presents no arguably meritorious grounds for review, and the appeal is frivolous.
Counsel’s motion to withdraw is granted. 1 The trial court’s judgment of
conviction is affirmed.
__________________________________________
Rosa Lopez Theofanis, Justice
Before Justices Baker, Kelly, and Theofanis
Affirmed
Filed: February 8, 2023
Do Not Publish
1 In addition, all other pending motions are dismissed as moot.
2