Terrance Dwayne Small v. State

Opinion issued December 3, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00568-CR
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TERRANCE DWAYNE SMALL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 180th District Court
Harris County, Texas
Trial Court Case No. 1506024
MEMORANDUM OPINION
Appellant, Terrance Dwayne Small, was found guilty of the felony offense
of aggravated robbery with a deadly weapon. TEX. PENAL CODE §§ 29.03 (a), (b).
Appellant was convicted and sentenced by a jury to 99 years’ confinement in the
Texas Department of Criminal Justice. Appellant timely filed a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw,
along with a brief stating that the record presents no reversible error and the appeal
is without merit and is frivolous. See Anders v. California, 386 U.S. 738 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. See id.; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App.
1978). Counsel indicates that he has thoroughly reviewed the record and is unable
to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at
744; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006,
no pet.). Appellant filed a motion to access the appellate record but did not file a
pro se response.
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and the appeal is frivolous. See Anders, 386 U.S. at 744 (emphasizing
that reviewing court—and not counsel—determines, after full examination of
proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d
763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether
arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–27
(Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court
determines whether arguable grounds exist by reviewing entire record). We note
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that an appellant may challenge a holding that there are no arguable grounds for
appeal by filing a petition for discretionary review in the Texas Court of Criminal
Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.1 Attorney Tom Abbate must immediately send appellant the required
notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP.
P. 6.5(c). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Lloyd, Goodman, and Landau.
Do not publish. TEX. R. APP. P. 47.2(b).
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.
1997).
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