Opinion
No. 06-19-00237-CR
06-19-2020
DELLA LOU GRIFFIN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 202nd District Court Bowie County, Texas
Trial Court No. 19F0098-202 Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION
Della Lou Griffin pled guilty to four counts of sexual assault of a child and to one count of aggravated assault of a child. A Bowie County jury assessed her punishment, and Griffin was sentenced to twenty years' imprisonment and assessed a $10,000.00 fine for each count of sexual assault of a child, and was sentenced to life imprisonment and assessed a $10,000.00 fine for aggravated sexual assault of a child. The trial court cumulated the sentences.
See TEX. PENAL CODE. ANN. § 22.011(a)(2) (Supp.).
Ward's appellate attorney filed a brief setting out the procedural history of the case, summarizing the evidence elicited during the course of the trial court proceedings, and concluding that the appellate record presents no arguable grounds to be raised on appeal. Counsel has filed a brief pursuant to Anders v. California, and he has provided a professional evaluation of the record demonstrating why there are no plausible appellate issues to be advanced. See Anders v. California, 386 U.S. 738, 743-44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509-10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal.
Counsel sent a copy of the brief to Griffin, provided her with a copy of the record, and advised Griffin of her right to review the record and to file a pro se response. On March 6, 2020, this Court notified Griffin that her pro se response was due on or before April 6, 2020. On April 21, 2020, this Court informed Griffin that this case had been set for submission on the briefs on May 12, 2020. Griffin filed neither a pro se response, nor a motion for an extension of time to file a pro se response.
We have determined that this appeal is wholly frivolous. We have reviewed the entire appellate record and have independently determined that no reversible error exists. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). In the Anders context, once we determine that the appeal is without merit, we must affirm the trial court's judgment. Id.
We affirm the trial court's judgment.
Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel's request to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should appellant desire to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4.
Ralph K. Burgess
Justice Date Submitted: May 12, 2020
Date Decided: June 19, 2020 Do Not Publish