Franklin Delano Lee, Jr. v. The State of Texas Appeal from 35th District Court of Brown County (memorandum opinion per curiam)
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Opinion filed April 2, 2020 In The Eleventh Court of Appeals ___________ No. 11-19-00271-CR ___________ FRANKLIN DELANO LEE, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR24668 MEMORANDUM OPINION Appellant, Franklin Delano Lee, Jr., waived a jury and pleaded not guilty to the offense of possession of less than one gram of a controlled substance. The trial court convicted Appellant of the offense and assessed punishment at twenty-four months’ confinement. We affirm. Appellant’s court-appointed counsel has filed in this court a motion to withdraw. The motion is supported by a brief in which counsel concludes that there are no arguable issues to present on appeal. Counsel provided Appellant with a copy of the brief, a copy of the motion to withdraw, and a copy of a form motion so that Appellant could obtain a copy of the appellate record. Counsel advised Appellant of his right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of his right to file a petition for discretionary review. See TEX. R. APP. P. 68. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991). Appellant subsequently filed a response to counsel’s Anders brief. We have reviewed Appellant’s response. In addressing an Anders brief and a pro se response, a court of appeals may only determine (1) that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error or (2) that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues. Schulman, 252 S.W.3d at 409; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree with counsel that no arguable grounds for appeal exist.1 We grant Appellant’s counsel’s motion to the extent that counsel requests to withdraw. We affirm the judgment of the trial court. April 2, 2020 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.2 Willson, J., not participating. 1 We note that Appellant has a right to file a petition for discretionary review pursuant to TEX. R. APP. P. 68. 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2
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