Kristoffer Lance Rhyne v. State

IN THE
TENTH COURT OF APPEALS
No. 10-19-00433-CR
KRISTOFFER LANCE RHYNE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 440th District Court
Coryell County, Texas
Trial Court No. 18-25202
MEMORANDUM OPINION
Kristoffer Lance Rhyne was convicted of Aggravated Assault with a deadly
weapon and sentenced to 12 years in prison. We affirm the trial court's judgment.
Rhyne'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 the brief and other documents sent to us by counsel
evidence 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). 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 Rhyne is granted.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Affirmed
Motion granted
Opinion delivered and filed October 14, 2020
Do not publish
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