Lanae Tipton v. the State of Texas ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00431-CR
Lanae Tipton, Appellant
v.
The State of Texas, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY
NO. FR82063, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Lane Tipton was charged with the offense of aggravated robbery with a
deadly weapon. See Tex. Penal Code §§ 29.02-.03. Tipton was found guilty by a jury of the
charged offense and was sentenced to nineteen years’ confinement in the Texas Department of
Criminal Justice—Institutional Division. Tipton appeals the trial court’s judgment 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 her 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 her deadline to file a 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 judgment of
conviction is affirmed.
__________________________________________
Chari L. Kelly, Justice
Before Chief Justice Byrne, Justices Kelly and Smith
Affirmed
Filed: April 21, 2022
Do Not Publish
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