Rita Lynn Evans v. the State of Texas ( 2024 )

IN THE
TENTH COURT OF APPEALS
No. 10-23-00127-CR
RITA LYNN EVANS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 278th District Court
Leon County, Texas
Trial Court No. 21-0108CR
MEMORANDUM OPINION
A jury found Rita Lynn Evans guilty of two counts of the first-degree felony
offense of solicitation to commit capital murder. See TEX. PENAL CODE ANN. § 15.03(a).
The trial court assessed Evans’s punishment on each count at thirty years confinement in
the Texas Department of Criminal Justice Institutional Division, to run concurrently. See
TEX. PENAL CODE ANN. § 12.32. This appeal ensued. We affirm the trial court’s judgment.
Evans’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, 87 S.Ct.
1396, 18 L.Ed.2d 493 (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 id. at 744, 87
S.Ct. at 1400; High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 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, 407–09 (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, 87
S.Ct. at 1400; see Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 349–50, 102 L.Ed.2d 300(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, 438 n.10, 108 S.Ct. 1895, 1902 n.10, 100 L.Ed.2d 440 (1988).
After a review of the entire record in this appeal, we have determined the appeal to be
wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826–28 (Tex. Crim. App. 2005).
Accordingly, we affirm the trial court’s judgment.
Counsel’s motion to withdraw from representation of Evans is granted.
MATT JOHNSON
Justice
Evans v. State Page 2
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed
Opinion delivered and filed May 23, 2024
Do not publish
[CR25]
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