Andrea Pauline Van Daalen v. The State of Texas Appeal from 10th District Court of Galveston County (memorandum opinion per curiam)
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Opinion issued June 14, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-21-00242-CR ——————————— ANDREA PAULINE VAN DAALEN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 10th District Court Galveston County, Texas Trial Court Case No. 20-CR-0418 MEMORANDUM OPINION Appellant, Andrea Pauline Van Daalen, was charged by indictment with the offense of unauthorized use of a motor vehicle. See TEX. PENAL CODE § 31.07 Appellant pleaded not guilty, proceeded to jury trial, and was convicted of the charged offense. In accordance with an agreement between appellant and the State, the trial court assessed a punishment of 430 days’ confinement in state jail with 430 days’ credit. This sentence is within the applicable range. Appellant timely filed a notice of appeal. Appellant’s appointed counsel on appeal has filed a motion to withdraw, along with an Anders brief stating that the record presents no reversible error and that, therefore, the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738 (1967). Counsel’s brief meets the Anders requirements by presenting a professional evaluation of the record and supplying this Court with references to the record and legal authority. See id. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that she has thoroughly reviewed the record and that she is unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at 744; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.— Houston [1st Dist.] 2006, no pet.). Appellant’s counsel has certified that she mailed a copy of the motion to withdraw and the Anders brief to appellant and informed appellant of her right to file a response and to access the record. See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008). Furthermore, counsel certified that she sent appellant the form motion for pro se access to the records for her response. See Kelly v. State, 436 S.W.3d 313, 322 (Tex. Crim. App. 2014). Appellant did not file a pro se response. 2 We have independently reviewed the entire record in this appeal and we conclude that no reversible error exists in the record, that there are no arguable grounds for review, and that therefore the appeal is frivolous. See Anders, 386 U.S. at 744 (emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826– 28 (Tex. Crim. App. 2005) (reviewing court is not to address merits of each claim raised in Anders brief or pro se response after determining there are no arguable grounds for review); Mitchell, 193 S.W.3d at 155. An appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 n.6. Accordingly, we affirm the judgment of the trial court and grant counsel’s motion to withdraw.1 See TEX. R. APP. P. 43.2(a). Attorney Winifred Weber must immediately send the required notice and file a copy of that notice with the Clerk of 1 Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). 3 this Court. See TEX. R. APP. P. 6.5(c). We dismiss any other pending motions as moot. PER CURIAM Panel consists of Justices Landau, Hightower, and Rivas-Molloy. Do not publish. TEX. R. APP. P. 47.2(b). 4
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