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Forris-Clemons v. State

Court of Appeals For The First District of Texas
Nov 2, 2017
NO. 01-16-00437-CR (Tex. App. Nov. 2, 2017)

Opinion

NO. 01-16-00437-CR

11-02-2017

CAREY DESHAWN FORRIS-CLEMONS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 174th District Court Harris County, Texas
Trial Court Case No. 1398951

MEMORANDUM OPINION

Carey Deshawn Forris-Clemons pleaded guilty to the first-degree felony offense of injury to a child. This plea was without an agreed recommendation from the State regarding sentencing. The trial court deferred adjudication and placed appellant on community supervision for 8 years. The State subsequently moved to adjudicate and the trial court adjudicated appellant guilty and assessed punishment at 15 years' imprisonment 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, 87 S. Ct. 1396 (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. 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that she has thoroughly reviewed the record and is unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).

Counsel advised appellant of his right to access to the record and provided him with a copy of the record. Counsel further advised appellant of his right to file a pro se response to the Anders brief. Appellant 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, 87 S. Ct. at 1400 (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 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. Attorney Cheri Duncan 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.

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).

PER CURIAM Panel consists of Justices Jennings, Bland, and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Forris-Clemons v. State

Court of Appeals For The First District of Texas
Nov 2, 2017
NO. 01-16-00437-CR (Tex. App. Nov. 2, 2017)
Case details for

Forris-Clemons v. State

Case Details

Full title:CAREY DESHAWN FORRIS-CLEMONS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Nov 2, 2017

Citations

NO. 01-16-00437-CR (Tex. App. Nov. 2, 2017)