History
  • No items yet
midpage
Steven Blanchard v. State
02-16-00180-CR
| Tex. App. | Mar 23, 2017
|
Check Treatment
Case Information

*1 COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-16-00180-CR STEVEN BLANCHARD APPELLANT

V.

THE STATE OF TEXAS STATE

----------

FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 1409007D

----------

MEMORANDUM OPINION [1]

----------

Appellant Steven Blanchard appeals from a judgment convicting him of aggravated assault with a deadly weapon and sentencing him to fifteen years’ confinement.

Blanchard’s court-appointed appellate counsel has filed a motion to withdraw and a brief in support of that motion. Counsel avers that in his *2 professional opinion, the appeal is frivolous. Counsel’s brief and motion meet the requirements of Anders v. California by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds for relief. See 386 U.S. 738, 87 S. Ct. 1396 (1967).

In compliance with Kelly v. State , counsel notified Blanchard of his motion to withdraw, provided him a copy of the motion and brief, informed him of his right to file a pro se response, informed him of his right to seek discretionary review should this court hold the appeal is frivolous, and took concrete measures to facilitate Blanchard’s review of the appellate record. 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). This court informed Blanchard that he could file a pro se response, and he did so. The State did not submit a brief.

Once an appellant’s court-appointed attorney files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders , this court is obligated to undertake an independent examination of the record. See Stafford v. State , 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays v. State , 904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.). Only then may we grant counsel’s motion to withdraw . See Penson v. Ohio , 488 U.S. 75, 82– 83, 109 S. Ct. 346, 351 (1988).

We have carefully reviewed the record, counsel’s brief, and Blanchard’s response. We agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that might arguably support the appeal. See Bledsoe v. State , 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); see also *3 Meza v. State , 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006). Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment.

/s/ Bill Meier BILL MEIER JUSTICE PANEL: MEIER, KERR, and PITTMAN, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: March 23, 2017

[1] Tex. R. App. P. 47.4.

Case Details

Case Name: Steven Blanchard v. State
Court Name: Court of Appeals of Texas
Date Published: Mar 23, 2017
Docket Number: 02-16-00180-CR
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.