IN THE
TENTH COURT OF APPEALS
No. 10-12-00132-CR
DEWAYNE DOUGLAS WILLIS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 66th District Court
Hill County, Texas
Trial Court No. 36,355
MEMORANDUM OPINION
Dewayne Douglas Willis was convicted of the offense of theft over $1,500 but less
than $20,000. The trial court found the enhancement paragraphs to be true and assessed
punishment at twenty years confinement and a $10,000 fine. We affirm.
Willis’s appointed counsel filed an Anders brief asserting that she has diligently
reviewed the appellate record and that, in her opinion, the appeal is frivolous. See
Anders v. California, 386 U.S. 738 (1967). Counsel informed Willis of his right to submit a
brief on his own behalf. Willis did not file a brief, and the State did not file a response.
Counsel's brief evidences a professional evaluation of the record for error, and we
conclude that counsel performed the duties required of appointed counsel. See Anders
v. California, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see
also 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." See Anders v. California, 386
U.S. at; 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 (1988). After a review of the entire
record in this appeal, we determine 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 request that she be allowed to withdraw from representation of Willis
is granted. Additionally, counsel must send Willis a copy of our decision, notify Willis
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 In re Schulman, 252 S.W.3d at 409 n. 22.
AL SCOGGINS
Justice
Willis v. State Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed; motion granted
Opinion delivered and filed November 29, 2012
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