Gabriel Dwain Hall v. The State of Texas Appeal from 54th District Court of McLennan County (memorandum opinion)

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IN THE TENTH COURT OF APPEALS No. 10-19-00300-CR GABRIEL DWAIN HALL, Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court No. 2018-804-C2 MEMORANDUM OPINION The jury convicted Gabriel Hall of the offense of aggravated assault and assessed punishment at forty years confinement. We affirm. Hall’s appointed counsel filed a motion to withdraw and an Anders brief in support of the motion stating that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967). Counsel's brief evidences a professional evaluation of the record for error and compliance with the other duties of appointed counsel. We conclude that counsel performed the duties required of appointed counsel. See Anders v. California, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008). In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous." See Anders v. California, 386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80 (1988); accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10 (1988). After a review of the entire record in this appeal, we determine the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's judgment. Counsel's motion to withdraw from representation of Hall is granted. JOHN E. NEILL Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Affirmed; motion granted Opinion delivered and filed March 23, 2020 Do not publish [CRPM] Hall v. State Page 2

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