Michael Wayne Steen, II v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00206-CR

Michael Wayne Steen, II, Appellant

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 69660, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

MEMORANDUM OPINION

A jury convicted appellant Michael Wayne Steen, II of unlawful possession

of a firearm by a convicted felon, a third-degree felony. See Tex. Penal Code § 46.04(a), (e).

Punishment was assessed at ten years’ imprisonment. See id. § 12.34 (punishment range for third-

degree felony is ten years maximum and two years minimum).

Steen’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 (1988).
Appellant’s counsel has represented to the Court that he provided copies of the

motion and brief to appellant; advised appellant of his right to examine the appellate record, file a

pro se brief, and pursue discretionary review following dismissal of this appeal as frivolous; 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. State, 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. No pro se brief or other written

response has been filed, including a motion for access to the appellate record.

We have reviewed 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 judgment of conviction is affirmed.

____________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Rose and Goodwin

Affirmed

Filed: December 11, 2014

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