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Donald Kenneth Mitchell v. State ( 2020 )


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  •        TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00747-CR
Donald Kenneth Mitchell, Appellant
v.
The State of Texas, Appellee
FROM THE 426TH DISTRICT COURT OF BELL COUNTY
NO. 77434, THE HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Donald Kenneth Mitchell was indicted and pled guilty to the second-
degree felony of sexual assault of a child, involving oral sex with fifteen-year-old M.R., and the
district court sentenced Mitchell to fourteen years’ imprisonment.        See Tex. Penal Code
§ 22.011. Mitchell appealed his conviction.
Mitchell’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,
    386 U.S. 738
    , 744 (1967), by presenting a professional evaluation of the
record demonstrating why there are no arguable grounds to be advanced. See Penson v. Ohio,
    488 U.S. 75
    , 80 (1988); High v. State,
    573 S.W.2d 807
    , 811-13 (Tex. Crim. App. 1978); Currie
v. State,
    516 S.W.2d 684
    , 684 (Tex. Crim. App. 1974); Jackson v. State,
    485 S.W.2d 553
    , 553
(Tex. Crim. App. 1972); Gainous v. State,
    436 S.W.2d 137
    , 138 (Tex. Crim. App. 1969).
Mitchell’s counsel states that he has provided Mitchell with copies of the motion to withdraw
and brief, advised him of his right to examine the appellate record and to file a pro se brief, and
provided him with a form motion for pro se access to the appellate record along with this Court’s
mailing address. See Kelly v. State,
    436 S.W.3d 313
    , 319-21 (Tex. Crim. App. 2014); see also
    Anders, 386 U.S. at 744
    ; Garner v. State,
    300 S.W.3d 763
    , 766 (Tex. Crim. App. 2009). One
month after this case was submitted, we granted Mitchell an additional sixty-day extension of
time to file a pro se brief, due April 3, 2020. No pro se brief has been filed.
We have reviewed the record 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 appeal is frivolous. Counsel’s motion to withdraw is
granted. The judgment of conviction is affirmed.
__________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Baker and Triana
Affirmed
Filed: April 21, 2020
Do Not Publish
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