In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-17-00016-CR
SHOMARI QUENTIN SHAW, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 52nd District Court
Coryell County, Texas
Trial Court No. 16-23739
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
Shomari Quentin Shaw pled guilty to aggravated assault with a deadly weapon1 and elected
to have his punishment determined by a Coryell County2 jury. After Shaw pled true to two prior
felonies and after a hearing on punishment, Shaw was assessed punishment of sixty-five years’
incarceration and a $10,000.00 fine.
Shaw’s appellate attorney filed a brief setting out the procedural history of the case,
summarizing the evidence elicited during the course of the trial court proceedings, and concluding
that the appellate record presents no arguable grounds to be raised on appeal. Meeting the
requirements of Anders v. California, counsel has provided a professional evaluation of the record
demonstrating why there are no plausible appellate issues to be advanced. See Anders v.
California, 386 U.S. 738, 743–44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App.
2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991); High
v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion
with this Court seeking to withdraw as counsel in this appeal.
Counsel sent a copy of the brief to Shaw, provided him a copy of the record, and advised
Shaw of his right to review the record and file a pro se response. Shaw has filed a response in
which he complains that his plea of guilty was ineffective because (1) the trial court did not
admonish him in compliance with state and federal requirements, (2) he was mentally incompetent,
1
See TEX. PENAL CODE ANN. § 22.02(a) (West 2011).
2
Originally appealed to the Tenth Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). We are unaware
of any conflict between precedent of the Tenth Court of Appeals and that of this Court on any relevant issue. See
TEX. R. APP. P. 41.3.
2
and (3) there was prosecutorial misconduct related to his appeal. He also complains about
unspecified deficiencies in the indictment, and the admission of certain evidence, and that his trial
counsel was ineffective. After reviewing the record, we find that these points of error are without
merit.
We have determined that this appeal is wholly frivolous. We have independently reviewed
the entire appellate record, as well as Shaw’s pro se response, and find that no reversible error
exists. See Halbert v. Michigan, 545 U.S. 605, 623 (2005); Bledsoe v. State, 178 S.W.3d 824,
826–27 (Tex. Crim. App. 2005). In the Anders context, once we determine that the appeal is
without merit, we must affirm the trial court’s judgment. Bledsoe 178 S.W.3d at 826–27.
We affirm the judgment of the trial court.3
Ralph K. Burgess
Justice
Date Submitted: November 2, 2017
Date Decided: November 7, 2017
Do Not Publish
3
Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request
to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel
will be appointed. Should appellant desire to seek further review of this case by the Texas Court of Criminal Appeals,
he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary
review. Any petition for discretionary review (1) must be filed within thirty days from either the date of this opinion
or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must
be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with
the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4.
3