IN THE
TENTH COURT OF APPEALS
No. 10-11-00232-CR
JAMIE LEE HEWETT,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 220th District Court
Bosque County, Texas
Trial Court No. 11-02-14500-BCCR
MEMORANDUM OPINION
Jamie Lee Hewett was found guilty of the state-jail felony offense of evading
arrest in a motor vehicle and was assessed a twenty-four months’ sentence in state jail
and a $1,000 fine. Hewett appealed.
Hewett’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, Hewett 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 amended motion to withdraw from representation
of Hewett. Notwithstanding this grant, appointed counsel must send Hewett 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 April 25, 2012
Do not publish
[CR25]
Hewett v. State Page 2