eLaws | Code of Federal Regulations | United States Code |
 All Courts
 State Courts
 Court of Appeals of Texas
 2019-09

Brian Dwayne Williams v. State ( 2019 )


Menu:
 
  •                               Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00603-CR
Brian Dwayne WILLIAMS,
Appellant
v.
The STATE of Texas,
Appellee
From the 2nd 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 18-1568-CR-C
Honorable Jessica Crawford, Judge Presiding
Opinion by:       Luz Elena D. Chapa, Justice
Sitting:          Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: September 25, 2019
MOTION TO WITHDRAW GRANTED; AFFIRMED
A jury found Brian Dwayne Williams guilty of murder and assessed punishment at forty
years in prison. Williams timely appealed the judgment.
Williams’s court-appointed appellate attorney filed a motion to withdraw and a brief in
which he concludes this appeal is frivolous and without merit. The brief demonstrates a
professional and thorough evaluation of the record and meets the requirements of Anders v.
California,
    386 U.S. 738 
    (1967), High v. State,
    573 S.W.2d 807 
    (Tex. Crim. App. [Panel Op.]
1978), and Gainous v. State,
    436 S.W.2d 137 
    (Tex. Crim. App. 1969). Counsel sent copies of the
04-18-00603-CR
brief and motion to withdraw to Williams and informed him of his rights in compliance with the
requirements of Kelly v. State,
    436 S.W.3d 313 
    (2014). Williams was provided a copy of the
appellate record, and he subsequently filed a pro se brief.
We have thoroughly reviewed the record, counsel’s brief, and Williams’s brief, and we
find no arguable grounds for appeal exist and the appeal is wholly frivolous. See Bledsoe v. State,
    178 S.W.3d 824
    , 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed
by Williams’s counsel and affirm the trial court’s judgment. See id.; Nichols v. State,
    954 S.W.2d 83
    , 86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State,
    924 S.W.2d 176
    , 177 n.1 (Tex.
App.—San Antonio 1996, no pet.). 1
Luz Elena D. Chapa, Justice
DO NOT PUBLISH
1
No substitute counsel will be appointed. Should Williams wish to seek further review of this case by the Texas Court
of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition
for discretionary review. Any petition for discretionary review must be filed within thirty days after either this opinion
is rendered or the last timely motion for rehearing or motion for en banc reconsideration is overruled by this court.
See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Court of Criminal
Appeals. See
    id. R. 68.3. 
    Any petition for discretionary review must comply with the requirements of rule 68.4 of the
Texas Rules of Appellate Procedure. See
    id. R. 68.4. 
    -2-