Anthony Dwayne Holmes, Jr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00741-CR
Anthony Dwayne Holmes, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 75259, THE HONORABLE JOHN GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION
In an open plea to the court, appellant Anthony Dwayne Holmes, Jr. pled guilty and
judicially confessed to aggravated robbery. See Tex. Penal Code § 29.03(a)(2). After hearing
evidence, the trial court assessed punishment at confinement for twelve years in the Texas
Department of Criminal Justice. See id.§ 12.32.
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).
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, and provided a motion to assist appellant in obtaining the record. 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 a pro se response or requested an extension of time to file a response.
We have conducted an independent review of the record—including the record of the
plea proceeding and the punishment hearing as well as 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.
__________________________________________
Melissa Goodwin, Justice
Before Justices Puryear, Pemberton, and Goodwin
Affirmed
Filed: April 7, 2017
Do Not Publish
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