Sean Patrick Nelson v. the State of Texas ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-20-00438-CR
Sean Patrick Nelson, Appellant
v.
The State of Texas, Appellee
FROM THE 27TH DISTRICT COURT OF LAMPASAS COUNTY
NO. 10039, THE HONORABLE JOHN GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION
On August 17, 2020, Sean Patrick Nelson entered an open plea of “guilty” in the
district court’s cause number 10039 to a count of bail jumping/failure to appear. See Tex. Penal
Code § 38.10. The trial court accepted Nelson’s plea and found him guilty of the offense. After
reviewing a presentencing report and hearing evidence, the trial court sentenced Nelson to ten
years’ imprisonment.
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 Anders v. California,
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, 81–82 (1988). Specifically, counsel analyzed nine possible
bases for appeal and found that each lacked merit.
Appellant’s counsel has certified to this Court that he sent copies of the motion
and brief to appellant, advised appellant of his right to examine the appellate record and file a pro
se response. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); see also
Anders, 386 U.S. at 744. To date, appellant has not filed such a brief.
We have conducted an independent review of the record—including the record of
the trial proceedings below and counsel’s brief—and have found 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 therefore agree with counsel that the record presents no arguably
meritorious ground for review. We grant counsel’s motion to withdraw from the case and affirm
the judgment of conviction.
__________________________________________
Edward Smith, Justice
Before Chief Justice Byrne, Justice Baker and Smith
Affirmed
Filed: June 30, 2021
Do Not Publish
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