Shamica Roberson, Appellants v. The State of Texas, State (2016)

MEMORANDUM OPINION 1

A jury found Appellant Shamica Roberson guilty of robbery, and the trial court sentenced her to six years' confinement.  See Tex. Penal Code Ann. § 29.02 (West 2011).  Roberson timely perfected this appeal.

Roberson's court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion.  Counsel's brief and motion meet the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are, in counsel's assessment, no arguable grounds for relief.  See 386 U.S. 738, 744, 87 S.Ct. 1396, 1400 (1967).  In compliance with Kelly v. State, counsel notified Roberson of his motion to withdraw, provided her a copy of the brief, informed her of her right to file a pro se response, informed her of her pro se right to seek discretionary review should this court hold the appeal is frivolous, and took concrete measures to facilitate Roberson's review of the appellate record.  See 436 S.W.3d 313, 319 (Tex.Crim.App.2014).  This court afforded Roberson the opportunity to file a brief on her own behalf, but she did not do so.  The State filed a letter waiving a response to Roberson's appointed counsel's Anders brief.

As the reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in determining that the appeal is frivolous.  See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.1991);  Mays v. State, 904 S.W.2d 920, 923 (Tex.App.—Fort Worth 1995, no pet.).  Only then may we grant counsel's motion to withdraw.  See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S.Ct. 346, 351 (1988).

We have carefully reviewed the record and counsel's brief.  We agree with counsel that this appeal is wholly frivolous and without merit;  we find nothing in the record that arguably might support an appeal.  See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex.Crim.App.2005).  Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

SUE WALKER, JUSTICE