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Adnan Gus Shami v. the State of Texas ( 2023 )


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  •                                    IN THE
TENTH COURT OF APPEALS
No. 10-22-00155-CR
No. 10-22-00158-CR
ADNAN GUS SHAMI,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court Nos. 19-04682-CRF-85 and
No. 20-00063-CRM-85
MEMORANDUM OPINION
Adnan Gus Shami was convicted of Possession with Intent to Deliver a Controlled
Substance over 400 grams and Unlawfully Carrying a Weapon. We affirm the trial court’s
judgments.
Shami’s appointed counsel filed a motion to withdraw and an Anders brief in
support of the motion in each appeal asserting that he diligently reviewed the appellate
record and that, in his opinion, the appeals are frivolous. See Anders v. California,
    386 U.S. 738
    ,
    87 S. Ct. 1396
    ,
    18 L. Ed. 2d 493
     (1967). Counsel's briefs evidence 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 these appeals, we have determined the appeals 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 judgments.
Counsel's motions to withdraw from representation of Shami are granted.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed; motions granted
Opinion delivered and filed April 5, 2023
Do not publish
[CR25]
Shami v. State                                                                           Page 2