Opinion issued June 25, 2015
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00908-CR
NO. 01-13-00909-CR
———————————
MICHAEL ODURO KWARTENG, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Case Nos. 1365142 and 1369903
MEMORANDUM OPINION
Appellant, Michael Oduro Kwarteng, pleaded guilty to the felony offenses of
aggravated assault with a deadly weapon and aggravated assault causing serious
bodily injury, without an agreed recommendation from the State regarding
punishment. See TEX. PENAL CODE. ANN. §22.02(a)(1), (2) (West 2011). In both
cases, the trial court found appellant guilty and assessed punishment at 10 years’
imprisonment with the sentences running concurrently. The trial court certified that
these are not plea bargain cases and that appellant has the right to appeal.
Appellant timely filed notices 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
appeals are without merit and are 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. See Anders, 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.).
Appellant filed a pro se response arguing that (1) although he voluntarily
pleaded guilty to the offenses, his actions were in self-defense, (2) his trial counsel
did not raise any objections during the sentencing hearing, and (3) he should have
received a lighter sentence.
We have independently reviewed the entire record in these appeals, and we
conclude that no reversible error exists in the record, there are no arguable grounds
2
for review, and the appeals are 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 judgments of the trial court and grant counsel’s motion to
withdraw.1 Attorney Emily Detoto 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).
PER CURIAM
Panel consists of Justices Jennings, Bland, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
1
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).
3