Thomas Peter Green, Jr. v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00767-CR
NO. 03-19-00768-CR
Thomas Peter Green, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY
NO. 61978, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Thomas Peter Green, Jr. pleaded guilty to two counts of the offense
of felony driving while intoxicated. See Tex. Penal Code § 49.09. The trial court sentenced
Green to ten years’ imprisonment but suspended imposition of the sentence and placed him on
community supervision for a period of ten years.
Appellant’s court-appointed attorney has filed a motion to withdraw supported by
a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements
of Anders v. California by presenting a professional evaluation of the record demonstrating why
there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967); Garner v. State,
300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).
Appellant’s counsel has represented to the Court that he has provided copies of
the motion and brief to appellant; advised appellant of his right to examine the appellate record
and file a pro se response; and provided appellant with a form motion for pro se access to the
appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313,
319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766.
To date, appellant has not requested access to the appellate record or filed a pro se response.
We have conducted an independent review of the record, including appellate
counsel’s briefs, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d
at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel
that the record presents no arguably meritorious grounds for review and the appeal is frivolous.
Counsel’s motion to withdraw is granted. The trial court’s judgment of conviction
is affirmed.
__________________________________________
Chari L. Kelly, Justice
Before Justices Goodwin, Kelly, and Smith
Affirmed
Filed: April 14, 2020
Do Not Publish
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