Michall Lee Luna v. The State of Texas Appeal from 440th District Court of Coryell County (memorandum opinion by hon. neill)

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IN THE TENTH COURT OF APPEALS No. 10-19-00313-CR MICHALL LEE LUNA, Appellant v. THE STATE OF TEXAS, Appellee From the 440th District Court Coryell County, Texas Trial Court No. 19-25341 MEMORANDUM OPINION Michall Lee Luna was convicted of unlawful possession of a controlled substance under one gram. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West 2017). We affirm the trial court’s judgment. Luna’s appointed counsel filed a motion to withdraw and an Anders brief in support of the motion asserting 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 has performed the duties required of appointed counsel. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); 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.” Anders, 386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80 (1988); accord Stafford v. State, 813 S.W.3d 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 have determined 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 Luna is granted. JOHN E. NEILL Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Affirmed; motion granted Opinion delivered and filed August 5, 2020 Do not publish [CR25] Luna v. State Page 2

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