Darryl Gene Hollis v. State ( 2011 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-11-00095-CR
______________________________
DARRYL GENE HOLLIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 115th Judicial District Court
Upshur County, Texas
Trial Court No. 15,710
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Darryl Gene Hollis appeals from his conviction on an open plea of guilty to the court of
aggravated robbery with a deadly weapon, enhanced to habitual offender. Hollis also pled true to
the enhancements. The trial court sentenced Hollis to ninety-nine years’ imprisonment.
Hollis’ attorney on appeal has filed a brief which discusses the record and reviews the
proceedings in detail, providing possible issues, but explaining why they cannot succeed.
Counsel has thus provided a professional evaluation of the record demonstrating why, in effect,
there are no arguable grounds to be advanced. This meets the requirements of Anders v.
California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and
High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978).
Counsel mailed a copy of the brief and a letter to Hollis on August 30, 2011, informing
Hollis of his right to file a pro se response and providing him with a copy of the record for review.
No response has been filed. Counsel has also filed a motion with this Court seeking to withdraw
as counsel in this appeal.
We have determined that this appeal is wholly frivolous. We have independently
reviewed the clerk’s record and the reporter’s record, and find no genuinely arguable issue. See
Halbert v. Michigan, 545 U.S. 605, 623 (2005). We, therefore, agree with counsel’s assessment
that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.
Crim. App. 2005).
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We affirm the judgment of the trial court.1
Bailey C. Moseley
Justice
Date Submitted: November 18, 2011
Date Decided: November 21, 2011
Do Not Publish
1
Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to
withdraw from further representation of appellant in this case. No substitute counsel will be appointed. Should
appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain
an attorney to file a petition for discretionary review or appellant must file a pro se petition for discretionary review.
Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last
timely motion for rehearing or for en banc reconsideration was overruled by this Court. See TEX. R. APP. P. 68.2.
Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals. See TEX.
R. APP. P. 68.3 (amended by the Texas Court of Criminal Appeals Misc. Docket No. 11-104, effective Sept. 1, 2011).
Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of
Appellate Procedure. See TEX. R. APP. P. 68.4.
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