Richard Laredo Jr. v. State ( 2020 )


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  •                                   IN THE
    TENTH COURT OF APPEALS
    No. 10-19-00297-CR
    RICHARD LAREDO JR.,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    From the 21st District Court
    Burleson County, Texas
    Trial Court No. 15,584
    MEMORANDUM OPINION
    Richard Laredo Jr. was convicted by a jury of the offenses of aggravated assault
    with a deadly weapon and evading arrest or detention with a motor vehicle. See TEX.
    PENAL CODE ANN. § 22.02(a)(2) (West 2016); see also
    id. § 38.04(b)(2)(A) (West
    2016). We
    affirm the trial court’s judgments.
    Laredo’s appointed counsel filed a motion to withdraw and an Anders brief in
    support of the motion asserting that he has diligently reviewed the appellate record and
    that, in his opinion, the appeal is frivolous. See Anders v. California, 
    386 U.S. 738
    (1967).
    Counsel’s brief evidences a professional evaluation of the record for error and compliance
    with the other duties of appointed counsel. We conclude that counsel has performed the
    duties required of appointed counsel. See 
    Anders, 386 U.S. at 744
    ; High v. State, 
    573 S.W.2d 807
    , 812 (Tex. Crim. App. 1978); see also Kelly v. State, 
    436 S.W.3d 313
    , 319-20 (Tex. Crim.
    App. 2014); In re Schulman, 
    252 S.W.3d 403
    , 407 (Tex. Crim. App. 2008).
    In reviewing an Anders appeal, we must, “after a full examination of all the
    proceedings, . . . decide whether the case is wholly frivolous.” 
    Anders, 386 U.S. at 744
    ; see
    Penson v. Ohio, 
    488 U.S. 75
    , 80 (1988); 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 (1988). After a
    review of the entire record in this appeal, as well as appellant’s pro se response, we have
    determined the appeal to be wholly frivolous. See Bledsoe v. State, 
    178 S.W.3d 824
    , 826-27
    (Tex. Crim. App. 2005). Accordingly, we affirm the trial court’s judgments.
    Counsel’s motion to withdraw from representation of Laredo is granted.
    JOHN E. NEILL
    Justice
    Laredo. v. State                                                                        Page 2
    Before Chief Justice Gray
    Justice Davis, and
    Justice Neill
    Affirmed
    Opinion delivered and filed December 16, 2020
    Do not publish
    [CRPM]
    Laredo. v. State                                Page 3