Christopher Chase v. the State of Texas

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00407-CR
___________________________
CHRISTOPHER CHASE, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 431st District Court
Denton County, Texas
Trial Court No. F19-546-431
Before Kerr, Birdwell, and Wallach, JJ.
Memorandum Opinion by Justice Wallach
MEMORANDUM OPINION
Appellant Christopher Chase appeals from his conviction and sentence for
assault–family violence. We affirm.
A jury found Chase guilty of third-degree felony assault–family violence, which
was enhanced by a prior felony conviction that increased the punishment range for
the offense to that of a second-degree felony. See Tex. Penal Code Ann. §§ 12.33,
12.42(a), 22.01(a), (b)(2). The jury assessed Chase’s punishment at five years’
confinement, and the trial court sentenced Chase and entered judgment accordingly.
Chase’s court-appointed appellate attorney has filed a motion to withdraw as
counsel and a brief in support of that motion. See Anders v. California, 386 U.S. 738,
744–45, 87 S. Ct. 1396, 1400 (1967). Counsel’s brief and motion meet the
requirements of Anders, which requires presenting a professional evaluation of the
record and demonstrating why there are no arguable grounds for relief. Id., 87 S. Ct. at
1400. Chase was provided a copy of the record and filed a pro se response, but his
response does not show any arguable grounds for appeal. The State declined to file a
brief.
We have independently examined the record, as is our duty upon the filing of
an Anders brief. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays
v. State, 904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.); see also Penson
v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988). After carefully reviewing the
record, we agree with counsel that the appeal is wholly frivolous and without merit.
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Our independent review of the record reveals nothing further that might arguably
support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App.
2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).
Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s
judgment.
/s/ Mike Wallach
Mike Wallach
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: August 26, 2021
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