Daniel Edward Mickey v. The State of Texas Appeal from 272nd District Court of Brazos County (memorandum opinion)

Annotate this Case

Download PDF

IN THE TENTH COURT OF APPEALS No. 10-21-00143-CR DANIEL EDWARD MICKEY, v. THE STATE OF TEXAS, Appellant Appellee From the 272nd District Court Brazos County, Texas Trial Court No. 20-03641-CRF-272 MEMORANDUM OPINION A jury found Daniel Edward Mickey guilty of the state-jail felony offense of possession of less than one gram of methamphetamine. See TEX. HEALTH & SAFETY CODE ANN. §§ 481.102(6), 481.115(a), (b). The trial court assessed Mickey’s punishment, enhanced by prior felony convictions, at twelve years’ imprisonment. See TEX. PENAL CODE ANN. §§ 12.33, 12.425(b). This appeal ensued. We affirm the trial court’s judgment. Mickey’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 id. at 744, 87 S.Ct. at 1400; High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978); see also Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407–09 (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, 87 S.Ct. at 1400; see Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 349–50, 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, 438 n.10, 108 S.Ct. 1895, 1902 n.10, 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, 826–28 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court’s judgment. Counsel’s motion to withdraw from representation of Mickey is granted. MATT JOHNSON Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Mickey v. State Page 2 Affirmed Opinion delivered and filed October 5, 2022 Do not publish [CR25] Mickey v. State Page 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.