Brian Dwayne Williams v. The State of Texas Appeal from 2nd 25th Judicial District Court of Guadalupe County (memorandum opinion)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00603-CR Brian Dwayne WILLIAMS, Appellant v. The STATE of Texas, Appellee From the 2nd 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 18-1568-CR-C Honorable Jessica Crawford, Judge Presiding Opinion by: Luz Elena D. Chapa, Justice Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: September 25, 2019 MOTION TO WITHDRAW GRANTED; AFFIRMED A jury found Brian Dwayne Williams guilty of murder and assessed punishment at forty years in prison. Williams timely appealed the judgment. Williams’s court-appointed appellate attorney filed a motion to withdraw and a brief in which he concludes this appeal is frivolous and without merit. The brief demonstrates a professional and thorough evaluation of the record and meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel sent copies of the 04-18-00603-CR brief and motion to withdraw to Williams and informed him of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (2014). Williams was provided a copy of the appellate record, and he subsequently filed a pro se brief. We have thoroughly reviewed the record, counsel’s brief, and Williams’s brief, and we find no arguable grounds for appeal exist and the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Williams’s counsel and affirm the trial court’s judgment. See id.; Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). 1 Luz Elena D. Chapa, Justice DO NOT PUBLISH No substitute counsel will be appointed. Should Williams wish to seek further review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days after either this opinion is rendered or the last timely motion for rehearing or motion for en banc reconsideration is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Court of Criminal Appeals. See id. R. 68.3. Any petition for discretionary review must comply with the requirements of rule 68.4 of the Texas Rules of Appellate Procedure. See id. R. 68.4. 1 -2-
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