Gabriel Abdallh v. State

IN THE TENTH COURT OF APPEALS No. 10-12-00113-CR GABRIEL ABDALLH, Appellant v. THE STATE OF TEXAS, Appellee From the 361st District Court Brazos County, Texas Trial Court No. 11-02205-CRF-361 MEMORANDUM OPINION After open pleas of guilty, Appellant Gabriel Abdallh was found guilty of the felonies of theft and evading arrest or detention. After a nonjury punishment trial, he was sentenced to eight and twelve years in prison, respectively, with the sentences to run concurrently. Appellant’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. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although informed of his right to do so, Appellant did not file a pro se response to the Anders brief. In an Anders case, we must, “after a full examination of all the proceedings, [] decide whether the case is wholly frivolous.” Id. 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. We grant appointed counsel’s motion to withdraw from representation of Appellant. Notwithstanding this grant, appointed counsel must send Appellant a copy of our decision, notify him of his right to file a pro se petition for discretionary review, and send this Court a letter certifying counsel’s compliance with Texas Rule of Appellate Procedure 48.4. TEX. R. APP. P. 48.4; see also Ex parte Owens, 206 S.W.3d 670, 673-74 (Tex. Crim. App. 2006). REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Affirmed Opinion delivered and filed February 28, 2013 Do not publish [CR25] Adhallh v. State Page 2