Audreka Lynn Turner v. State ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00020-CR
AUDREKA LYNN TURNER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 361st District Court
Brazos County, Texas
Trial Court No. 09-03568-CRF-361
MEMORANDUM OPINION
Audreka Turner entered an open guilty plea to the state-jail felony offense of
theft of property valued at less than $1,500 with two prior theft convictions. The trial
court assessed a fifteen-month state-jail term. Turner appealed.
Turner’s appointed appellate counsel has filed a motion to withdraw and an
Anders brief, asserting that she has diligently reviewed the appellate record and that, in
her opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396,
18 L. Ed. 2d 493 (1967). Turner filed a pro se response; however, she does not raise any
arguable issues. The State waived the filing of a brief. We will affirm.
In an Anders case, we must, “after a full examination of all the proceedings, []
decide whether the case is wholly frivolous.” Anders, 386 U.S. at 744, 87 S.Ct. at 1400;
accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is
“wholly frivolous” or “without merit” when it “lacks any basis in law or fact.” McCoy
v. Court of Appeals, 486 U.S. 429, 439 n.10, 108 S. Ct. 1895, 1902 n.10, 100 L. Ed. 2d 440
(1988).
We have conducted an independent review of the record, and because we find
this appeal to be wholly frivolous, we affirm the judgment. Counsel must send Turner
a copy of our decision by certified mail, return receipt requested, at Turner’s last known
address. TEX. R. APP. P. 48.4. Counsel must also notify Turner of her right to file a pro se
petition for discretionary review. Id.; see also Ex parte Owens, 206 S.W.3d 670, 673-74
(Tex. Crim. App. 2006). We grant counsel’s motion to withdraw, effective upon
counsel’s compliance with the aforementioned notification requirement as evidenced by
“a letter [to this Court] certifying [her] compliance.” See TEX. R. APP. P. 48.4.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed March 21, 2012
Do not publish
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