Hassan Abdul Worthy v. State ( 2016 )

Opinion issued November 22, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-01029-CR
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HASSAN ABDUL WORTHY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 248th District Court
Harris County, Texas
Trial Court Case No. 1427858
MEMORANDUM OPINION
Hassan Abdul Worthy pleaded guilty to the first-degree felony offense of
murder. See TEX. PENAL CODE ANN. § 19.02(b) (West 2011). The plea was without
an agreed recommendation by the State on sentencing. The trial court sentenced
Worthy to 45 years’ imprisonment. The trial court certification of defendant’s right
of appeal indicates this was not a plea-bargain case and Worthy had the right to
appeal.
Worthy’s appointed counsel on appeal has filed a motion to withdraw, along
with a brief stating that the record presents no reversible error and the appeal is
without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct.
1396 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573
S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that he has thoroughly
reviewed the record and is unable to advance any grounds of error that warrant
reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193
S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Counsel provided Worthy with a form motion for access to a copy of the
record, but Worthy did not file this motion with the Court. The deadline for his pro
se response to counsel’s Anders brief was July 25, 2016. Worthy filed no response
and requested no extension of time.
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at
2
1400 (emphasizing that reviewing court—and not counsel—determines, after full
examination of proceedings, whether appeal is wholly frivolous); Garner v. State,
300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine
whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–
27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court
determines whether arguable grounds exist by reviewing entire record). We note
that an appellant may challenge a holding that there are no arguable grounds for
appeal by filing a petition for discretionary review in the Texas Court of Criminal
Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.1 Attorney Kevin P. Keating must immediately send Worthy the required
notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P.
6.5(c). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).
3