Fletcher Peters v. The State of Texas Appeal from 5th District Court of Bowie County (memorandum opinion)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-17-00175-CR FLETCHER PETERS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 5th District Court Bowie County, Texas Trial Court No. 16-F-0827-005 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Fletcher Peters pled guilty to aggravated robbery with a deadly weapon.1 Following a jury trial on punishment, Peters was sentenced to fifteen years’ incarceration. Peters’ appellate counsel filed a brief that outlined the procedural history of the case, provided a detailed summary of the evidence elicited during the course of the trial court proceedings, and stated that counsel found no meritorious issues to raise on appeal. Meeting the requirements of Anders v. California, counsel has provided a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced on appeal. Anders v. California, 386 U.S. 738, 743–44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1981); High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal. Counsel provided Peters with copies of the brief, a motion for access to the appellate record, and the motion to withdraw. Counsel also informed Peters of his right to review the record and file a pro se response. Peters requested access to the appellate record, which was provided to him. By order dated February 28, 2018, this Court advised Peters that his pro se response, if any, was due on or before April 16, 2018. Peters did not file a pro se response and did not request an extension of time in which to file such a response. We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk’s and reporter’s records, and we agree that no arguable issue supports an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). 1 See TEX. PENAL CODE ANN. § 29.03 (West 2011). 2 In the Anders context, once we determine that the appeal is without merit and is frivolous, we must either dismiss the appeal or affirm the trial court’s judgment. See Anders, 386 U.S. 738. We affirm the judgment of the trial court.2 Bailey C. Moseley Justice Date Submitted: Date Decided: May 16, 2018 May 17, 2018 Do Not Publish Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of Appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should Appellant desire 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 (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4. 2 3
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