Veronica Randall v. State ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00084-CR
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VERONICA RANDALL, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 18-29579
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MEMORANDUM OPINION
The State indicted Veronica Randall for Felony Theft, a state jail felony. See
Tex. Penal Code Ann. § 31.03(e)(4)(D). On November 26, 2018, Randall pled guilty
without the benefit of a plea agreement and true to one enhancement paragraph. On
February 11, 2019, after waiving her right to a jury trial, the trial court held a bench
hearing and sentenced Randall to one-year confinement in the Institutional Division
of the Texas Department of Criminal Justice. The trial court certified that this was
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not a plea-bargain case and Randall had the right of appeal. Randall timely filed a
notice of appeal.
The attorney appointed to represent Randall in her appeal filed an Anders brief
which asserted that the attorney diligently reviewed the record and found no
meritorious claims on which to appeal Randall’s sentence and that any appeal is
frivolous. See Anders v. California, 386 U.S. 738, 744–45 (1967); High v. State, 573
S.W.2d 807, 810–13 (Tex. Crim. App. [Panel Op.] 1978). Counsel served Randall
with a copy of the Anders brief filed on her behalf. This Court notified Randall of
her right to file a pro se response, as well as the deadline for doing so. This Court
did not receive a pro se response.
We have independently reviewed the record, and we agree with counsel that
this appeal is wholly frivolous and without merit; we find nothing in the record that
arguably might support an appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.
Crim. App. 1991) (stating that the reviewing court must determine whether arguable
grounds for review exist). The Court concludes it is unnecessary for us to order
appointment of new counsel to re-brief this appeal. Cf. id. As no arguable grounds
exist to support the appeal, we affirm the trial court’s judgment. 1
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Randall may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
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AFFIRMED.
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CHARLES KREGER
Justice
Submitted on November 26, 2019
Opinion Delivered December 11, 2019
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
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