Bobby Taylor v. The State of Texas--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-02-105-CR

BOBBY TAYLOR,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court # 20014326CR2

MEMORANDUM OPINION

Bobby Taylor was convicted by a jury of theft. The court sentenced him to 150 days in jail. Taylor s court-appointed trial attorney continued to represent him on appeal. Apparently Taylor has already served his time and has been released from jail.

On July 2, 2002, Taylor s attorney filed in this appeal an Anders brief and a Motion to Withdraw as counsel. On July 3, 2002, the attorney filed a Supplement to Motion to Withdraw. On August 26, 2002, the attorney filed a motion to withdraw with the trial court.

In Sowels v. State, we discussed our procedures in Anders cases. Sowels v. State, 45 S.W.3d 690 (Tex. App. Waco 2001, no pet.). Anders v. California discusses a court-appointed appellate attorney s obligations when the record contains no issues which might arguably support an appeal. Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493 (1967). After affirming the judgment in Sowels, we described in detail how Anders cases are processed in our court. Those procedures are as follows:

1. The appellant s attorney must submit a brief from which it is clear the attorney has diligently searched the record for any issues which might arguably support an appeal and found none.

2. We recommended that the appellant s attorney send us a Notice of Filing of Anders Brief so we will be alerted to this fact as soon as possible.

3. The appellant s attorney must supply us with a notice, letter, or other written document indicating or asserting that the attorney has:

A. provided a copy of the brief to the appellant;

B. made it clear to the appellant that the attorney has concluded there are no issues which might arguably support an appeal and the attorney is communicating that to the appellate court;

C. fully informed the appellant of his or her right to review the record; and

D. fully informed the appellant of his or her right to file a brief or other response.

4. After the Anders brief has been filed and the attorney has met the obligations described in A , B , C , and D , the appellant has thirty days to file a brief or other response, or to file a motion for extension of time in which to do so.

5. If the appellant files a brief or other response, the State then has a right to file a brief or other appropriate response, or a written waiver thereof.

6. We will independently review the record for any issues which might arguably support an appeal. If we find any issues which might arguably support an appeal, we will proceed as required. If we agree there are no issues which might arguably support an appeal, we will affirm the judgment.

7. If the appellant s appointed attorney wishes to withdraw at any time, the attorney must present a motion to the trial court which appointed the attorney. A copy of any order of withdrawal must be filed by the attorney with us.

We have reviewed the record, and we find that our requirements listed above have been met. The Anders brief shows that Taylor s attorney professionally and systematically examined the entire record for issues which might arguably support an appeal, and concluded there are none. Documents in the record, filed by Taylor s attorney, show compliance with 3 above. Taylor waived his right to file a pro se brief or other response by failing to file either. The State has not responded with any filings. Our independent review of the record does not reveal any issues which might arguably support an appeal. Therefore, we affirm the judgment.

Appellate counsel must inform Taylor of the results of this appeal and of his right to file a petition for discretionary review. Sowels, 45 S.W.3d at 694. Furthermore, we dismiss counsel s motion to withdraw because, as previously explained, it has been, properly, filed with the trial court.

BILL VANCE

Justice

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Affirmed

Opinion delivered and filed October 2, 2002

Do not publish

[CR25]