IN THE
TENTH COURT OF APPEALS
No. 10-21-00145-CR
TURNER PERRY TAYLOR,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law No. 1
McLennan County, Texas
Trial Court No. 20171417CR1
MEMORANDUM OPINION
Turner Perry Taylor was convicted of Driving While Intoxicated and sentenced to
180 days in jail. That sentence was suspended and Taylor was placed on community
supervision-probation for 15 months. After a motion to revoke was filed by the State and
heard by the trial court, Taylor’s community supervision-probation was extended six
months from the date of the order. After another motion to revoke was filed by the State
and heard by the trial court, Taylor’s community supervision-probation was revoked,
and he was sentenced to 170 days in jail with a $1,000 fine. We affirm the trial court’s
judgment.
Taylor’s appointed counsel filed a motion to withdraw and an Anders brief in
support of the motion 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). Counsel's brief evidences a professional evaluation of the
record for error and compliance with the other duties of appointed counsel. We conclude
that counsel has performed the duties required of appointed counsel. See Anders, 386 U.S.
at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436
S.W.3d 313, 319-320 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407 (Tex.
Crim. App. 2008).
In reviewing an Anders appeal, we must, "after a full examination of all the
proceedings, ... decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; see
Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); 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, 100 L. Ed. 2d 440 (1988). After a review of the entire
record in this appeal, we have determined the appeal to be wholly frivolous. See Bledsoe
v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial
court's judgment.
Counsel's motion to withdraw from representation of Taylor is granted.
TOM GRAY
Chief Justice
Taylor v. State Page 2
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed; motion granted
Opinion delivered and filed February 23, 2022
Do not publish
[CR25]
Taylor v. State Page 3
Turner Perry Taylor v. the State of Texas
Combined Opinion