Joseph Alexander Burpee v. the State of Texas ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00256-CR
Joseph Alexander Burpee, Appellant
v.
The State of Texas, Appellee
FROM THE 453RD DISTRICT COURT OF HAYS COUNTY
NO. CR-19-1173-E, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Joseph Alexander Burpee was charged with one count of the offense of
possession of a controlled substance, methamphetamine, and one count of the offense of
possession of a controlled substance, psilocin. See Tex. Health & Safety Code §§ 481.115(a),
(c), .116(a), (c). Appellant was found guilty by a jury of the charged offense and, for each count,
was sentenced to five years’ confinement in the Texas Department of Criminal Justice—
Institutional Division, with the sentences to run concurrently. Appellant appeals the trial court’s
judgments of conviction.
Appellant’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. See 386 U.S. 738, 744 (1967);
Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 86-87 (1988).
Appellant’s counsel has represented to the Court that he has provided copies of
the motion and brief to appellant; advised appellant of his right to examine the appellate record
and file a pro se brief; provided appellant with a complete copy of the appellate record; and
notified appellant of his deadline to file pro se brief, along with the mailing address of this Court.
See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S.
at 744; Garner, 300 S.W.3d at 766. To date, appellant has not filed a pro se brief.
We have conducted an independent review of the record, including appellate
counsel’s brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d
at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with
counsel that the record presents no arguably meritorious grounds for review and the appeal
is frivolous.
Counsel’s motion to withdraw is granted. The trial court’s judgments of
conviction are affirmed.
__________________________________________
Chari L. Kelly, Justice
Before Justices Baker, Kelly, and Smith
Affirmed
Filed: December 30, 2022
Do Not Publish
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