TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00216-CR
Bethany Danielle Molina, Appellant
v.
The State of Texas, Appellee
FROM THE 119TH DISTRICT COURT OF RUNNELS COUNTY,
NO. 7023, THE HONORABLE BEN WOODWARD, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Bethany Danielle Molina pleaded guilty to four counts of the
second-degree felony of aggravated assault with a deadly weapon arising from three drive-by
shootings in Ballinger, Texas. See Tex. Penal Code § 22.02(a)(2). The trial court made affirmative
findings that Appellant used a deadly weapon to commit the offenses. There was no plea
agreement for the sentence, and the trial court assessed sentence at eleven years in prison for each
offense to be served concurrently. Appellant filed a notice of appeal from the trial
court’s judgment.
Appellant’s court-appointed attorney has filed a motion to withdraw supported by
a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements
of Anders v. California by presenting a professional evaluation of the record demonstrating why
there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967); Garner v. State,
300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 81-82 (1988).
Appellant’s counsel has certified to this Court that she sent copies of the motion and brief to
appellant, advised appellant of her right to examine the appellate record and file a pro se response,
and provided a motion to assist appellant in obtaining the record. See Kelly v. State, 436 S.W.3d 313,
319-20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744. Appellant has not filed a brief
or other response.
We have conducted an independent review of the record—including the record of
the plea and sentencing proceedings below and appellate counsel’s brief—and find no reversible
error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824,
826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably
meritorious grounds for review and that the appeal is frivolous.
Counsel’s motion to withdraw is granted. The trial court’s judgment is affirmed.
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Triana and Smith
Affirmed
Filed: August 31, 2022
Do Not Publish