Michael Spencer v. the State of Texas ( 2022 )

Opinion filed May 5, 2022 In The Eleventh Court of Appeals ___________ No. 11-21-00136-CR ___________ MICHAEL SPENCER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 104th District Court Taylor County, Texas Trial Court Cause No. 22806B MEMORANDUM OPINION Appellant, Michael Spencer, entered an open plea of guilty to the state jail felony offense of theft and a plea of true to the enhancement allegations. See TEX. PENAL CODE ANN. § 31.03(e)(4)(D) (West 2019); see also id. § 12.425(b) (West 2019). After a hearing on punishment, the trial court convicted Appellant and assessed his punishment at imprisonment for eight years and a fine of $2,000. We affirm. Appellant’s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and concludes that this appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, a copy of the clerk’s record and the reporter’s record, and an explanatory letter. Counsel advised Appellant of his right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of his right to file a petition for discretionary review in order to seek review by the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991). Appellant has filed two pro se responses to counsel’s Anders brief. We have considered the various assertions made by Appellant in his pro se responses. However, following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree with counsel that the appeal is frivolous and without merit. 1 We grant counsel’s motion to withdraw, and we affirm the judgment of the trial court. PER CURIAM May 5, 2022 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Trotter, J., and Williams, J. 1 We note that Appellant has a right to file a petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. 2