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Hassan Abdul Worthy v. State
01-15-01029-CR
| Tex. App. | Nov 22, 2016
|
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Case Information

*1 Opinion issued November 22, 2016

In The

Court of Appeals

For The First District of Texas ————————————

NO. 01-15-01029-CR

——————————— HASSAN ABDUL WORTHY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas Trial Court Case No. 1427858 MEMORANDUM OPINION

Hassan Abdul Worthy pleaded guilty to the first-degree felony offense of murder. T P ENAL C ODE NN . § 19.02(b) (West 2011). The plea was without an agreed recommendation by the State on sentencing. The trial court sentenced Worthy to 45 years’ imprisonment. The trial court certification of defendant’s right *2 of appeal indicates this was not a plea-bargain case and Worthy had the right to appeal.

Worthy’s appointed counsel on appeal has filed a motion to withdraw, along with a brief stating that the record presents no reversible error and the appeal is without merit and is frivolous. See Anders v. California , 386 U.S. 738, 87 S. Ct. 1396 (1967).

Counsel’s brief meets the Anders requirements by presenting a professional evaluation of the record and supplying us with references to the record and legal authority. Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State , 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that he has thoroughly reviewed the record and is unable to advance any grounds of error that warrant reversal. See Anders , 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State , 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).

Counsel provided Worthy with a form motion for access to a copy of the record, but Worthy did not file this motion with the Court. The deadline for his pro se response to counsel’s Anders brief was July 25, 2016. Worthy filed no response and requested no extension of time.

We have independently reviewed the entire record in this appeal, and we conclude that no reversible error exists in the record, there are no arguable grounds for review, and the appeal is frivolous. See Anders , 386 U.S. at 744, 87 S. Ct. at *3 1400 (emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State , 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State , 178 S.W.3d 824, 826– 27 (Tex. Crim. App. 2005) (same); Mitchell , 193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by reviewing entire record). We note that an appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe , 178 S.W.3d at 827 & n.6.

We affirm the judgment of the trial court and grant counsel’s motion to withdraw. [1] Attorney Kevin P. Keating must immediately send Worthy the required notice and file a copy of the notice with the Clerk of this Court. See T EX . R. A PP . P. 6.5(c). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Brown, and Huddle.

Do not publish. T R. PP . P. 47.2(b).

[1] Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex Parte Wilson , 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

Case Details

Case Name: Hassan Abdul Worthy v. State
Court Name: Court of Appeals of Texas
Date Published: Nov 22, 2016
Docket Number: 01-15-01029-CR
Court Abbreviation: Tex. App.
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