Terrance Jermaine Moore, Appellant v. The State of Texas, Appellee (2012)

MEMORANDUM Opinion

Terrance Moore was found guilty of state-jail felony theft and sentenced to eighteen months in state jail.   Moore appealed.

Moore's appointed appellate counsel has filed a motion to withdraw and an Anders brief, asserting that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous.¹  See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).   Moore filed a pro se response to the Anders brief, but we find that it does not raise any potentially arguable issues.

In an Anders case, 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;  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, 1902 n.10, 100 L.Ed.2d 440 (1988).

We have conducted an independent review of the record, and because we find this appeal to be wholly frivolous, we affirm the judgment.   Counsel must send Moore a copy of our decision by certified mail, return receipt requested, at Moore's last known address.  Tex.R.App. P. 48.4. Counsel must also notify Moore of his right to file a pro se petition for discretionary review.   Id.;  see also Ex parte Owens, 206 S.W.3d 670, 673–74 (Tex.Crim.App.2006).   We grant counsel's motion to withdraw, effective upon counsel's compliance with this notification requirement as evidenced by “a letter [to this Court] certifying his compliance.”   See Tex.R.App. P. 48.4.

[CR25]

FOOTNOTES

FN1. Counsel identified two potential issues but concludes that Moore could not show harm.   We agree..  FN1. Counsel identified two potential issues but concludes that Moore could not show harm.   We agree.

REX D. DAVIS Justice