Matthew Joe Herrera v. the State of Texas

IN THE
TENTH COURT OF APPEALS
No. 10-23-00035-CR
MATTHEW JOE HERRERA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 18th District Court
Somervell County, Texas
Trial Court No. 249-01088
MEMORANDUM OPINION
A jury found appellant Matthew Joe Herrera guilty of one count of possession of
a controlled substance in an amount greater than four grams but less than 200 grams with
intent to deliver and one count of unlawful possession of a firearm by a felon. See TEX.
HEALTH & SAFETY CODE ANN. § 481.112; see also TEX. PENAL CODE ANN. § 46.04. The trial
court sentenced Herrera accordingly. Herrera then filed the present appeal. We affirm.
Herrera’s appointed appellate counsel filed a motion to withdraw and an Anders
brief in support of the motion asserting that she has diligently reviewed the appellate
record and that, in her opinion, the appeal is frivolous. See generally 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 and compliance with other duties of appointed
counsel. We conclude that counsel has performed the duties required of appointed
counsel. See id. at 744, 87 S. Ct. at 1400; High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim.
App. [Panel Op.] 1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App.
2014); In re Schulman, 252 S.W.3d 403, 407-09 (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, 87
S. Ct. at 1400; see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 349-50, 102 L. Ed. 2d (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, 438 n.10, 108 S. Ct. 1895, 1902 n.10, 100 L. Ed. 2d 440 (1988).
Although provided the opportunity, Herrera has not filed a response to the motion to
withdraw or Anders brief. After a review of the entire record in this appeal, we conclude
that the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826=28 (Tex. Crim.
App. 2005). Accordingly, we affirm the trial court’s judgments.
Herrera v. State Page 2
Counsel’s motion to withdraw from representation of Herrera is granted.
STEVE SMITH
Justice
Before Chief Justice Gray,
Justice Johnson,
and Justice Smith
Appeal affirmed; motion granted
Opinion delivered and filed December 28, 2023
Do not publish
[CRPM]
Herrera v. State Page 3