Jong Sup Lee v. The State of Texas--Appeal from 52nd District Court of Coryell County (majority)
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IN THE TENTH COURT OF APPEALS No. 10-11-00308-CR JONG SUP LEE, Appellant v. THE STATE OF TEXAS, Appellee From the 52nd District Court Coryell County, Texas Trial Court No. FR-10-20590 MEMORANDUM OPINION Jong Sup Lee pleaded guilty to the offense of aggravated robbery. The jury assessed punishment at 30 years confinement and a $10,000 fine. We affirm. Lee s appointed counsel filed 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 (1967). Counsel informed Lee of his right to submit a brief on his own behalf. Lee 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 he be allowed to withdraw from representation of Lee is granted. Additionally, counsel must send Lee a copy of our decision, notify Lee 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 Lee v. State Page 2 Before Chief Justice Gray, Justice Davis, and Justice Scoggins Affirmed; motion granted Opinion delivered and filed November 1, 2012 Do not publish [CRPM] Lee v. State Page 3
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