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Dustin Karl Bryant v. State ( 2020 )


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  •                                   IN THE
TENTH COURT OF APPEALS
No. 10-19-00421-CR
DUSTIN KARL BRYANT,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 440th District Court
Coryell County, Texas
Trial Court No. 18-24681
MEMORANDUM OPINION
Dustin     Karl    Bryant     was     convicted     of     Theft     of   Material—
Aluminum/Bronze/Copper/Brass and sentenced to 5 1/2 years in prison. See TEX.
PENAL CODE § 31.03(e)(4)(F). We affirm the trial court's judgment.
Bryant'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
    , 87 S.
Ct. 1396,
    18 L. Ed. 2d 493 
    (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
    , 319-320 (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,
    109 S. Ct. 346
    ,
    102 L. Ed. 2d 300 
    (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,
    108 S. Ct. 1895
    ,
    100 L. Ed. 2d 440 
    (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 Bryant is granted.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Affirmed
Opinion delivered and filed August 14, 2020
Do not Publish
[CR25]
Bryant v. State                                                                        Page 2