Parksv.State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTINJun 11, 2019
NO. 03-18-00798-CR (Tex. App. Jun. 11, 2019)

NO. 03-18-00798-CR

06-11-2019

Dustin Taylor Parks, Jr., Appellant v. The State of Texas, Appellee


FROM THE 424TH DISTRICT COURT OF BURNET COUNTY
NO. 48204
, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING MEMORANDUM OPINION

Appellant Dustin Taylor Parks pleaded guilty to the offense of evading arrest with a vehicle and, following a hearing on punishment, was sentenced to seven years' imprisonment. See Tex. Penal Code § 38.04.

Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).

Appellant's counsel has represented to the Court that he has provided copies of the motion and brief to appellant; advised appellant of his right to examine the appellate record and file a pro se brief; and provided appellant with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. Smith, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. Appellant requested access to the appellate record, and pursuant to this Court's order, the clerk of the trial court provided written verification to this Court that the record was provided to appellant. See Kelly, 436 S.W.3d at 321. To date, appellant has not filed a pro se response or requested an extension of time to file a response.

We have conducted an independent review of the record, including appellate counsel's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.

Counsel's motion to withdraw is granted. The trial court's judgment of conviction is affirmed.

/s/_________


Chari L. Kelly, Justice Before Chief Justice Rose, Justices Kelly and Smith Affirmed Filed: June 11, 2019 Do Not Publish