Harold Allen Shelby v. State

IN THE
TENTH COURT OF APPEALS
No. 10-19-00289-CR
HAROLD ALLEN SHELBY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 66th District Court
Hill County, Texas
Trial Court No. F317-19
MEMORANDUM OPINION
Harold Allen Shelby was convicted of Aggravated Assault by Threat and
Aggravated Assault, both with a deadly weapon, and sentenced to 50 years in prison
for each count. We affirm the trial court's judgments.
Shelby's appointed counsel filed a motion to withdraw and an Anders brief in
support of the motion asserting that counsel has diligently reviewed the appellate
record and that, in counsel’s 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 Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex.
Crim. App. 1978); see also Kelly v. State, 436 S.W.3d 313, 319-320 (Tex. Crim. App. 2014);
In re Schulman, 252 S.W.3d 403, 407 (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; see
Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 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, 439 n. 10, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988). In our review, we have paid
particular attention to the issues identified in appellant's pro se response to counsel's
brief in support of the motion to withdraw. 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, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's
judgment.
Counsel's motion to withdraw from representation of Shelby is granted.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Affirmed
Motion granted
Opinion delivered and filed August 17, 2020
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