Michael Stuart Burton v. State ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00380-CR
Michael Stuart Burton, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 71457, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
This is an appeal pursuant to Anders v. California.1 Appellant Michael Stuart Burton
pleaded guilty to the offense of aggravated robbery with a deadly weapon.2 As part of his plea
agreement, Burton signed a judicial confession in which he admitted to the allegations contained
within the indictment. At the plea hearing, the district court found the evidence sufficient to support
a finding of guilt but withheld that finding and proceeded to sentencing.
During the sentencing hearing, the State presented evidence relating to the offense.
The evidence tended to show that Burton entered a convenience store in Killeen in the early morning
hours of May 22, 2013, and attacked the store clerk with a knife, stabbing her multiple times. The
store clerk testified at the hearing and described the attack. According to the clerk, Burton forced
1
386 U.S. 738 (1967).
2
See Tex. Penal Code § 29.03.
her to the ground and stabbed her “at least four times” until the knife broke, at which point Burton
proceeded to punch and kick her repeatedly before going behind the counter to steal cigarettes. The
clerk recounted that as she attempted to get to safety, Burton moved toward her in what she believed
was an apparent effort to “finish [her] off,” but she was able to evade him. Burton subsequently fled
the store when a car pulled into the parking lot outside.
Dr. Stephen Thorne, a licensed psychologist who examined Burton following his
arrest, testified regarding Burton’s medical history. According to Thorne, Burton had a long history
of substance abuse and mental illness, including bipolar disorder. A copy of Burton’s psychological
evaluation, as well as a series of photographs depicting the crime scene and the clerk’s injuries, were
admitted into evidence. After considering this and other evidence, the district court sentenced
Burton to 40 years’ imprisonment. This appeal followed.
Burton’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.3 Counsel has certified to the Court that he has provided a
copy of the motion and brief to Burton, advised Burton of his right to examine the appellate record
and file a pro se response, and supplied Burton with a form motion for pro se access to the appellate
record.4 No pro se brief or other written response has been filed.
3
See 386 U.S. at 744-45; see also Penson v. Ohio, 488 U.S. 75 (1988); High v. State,
573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974);
Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972).
4
See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014).
2
We have reviewed the record and counsel’s brief and agree with counsel that the
appeal is frivolous and without merit. We find nothing in the record that might arguably support the
appeal. Counsel’s motion to withdraw is granted.
The judgment of conviction is affirmed.
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Field
Affirmed
Filed: August 18, 2015
Do Not Publish
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