Court of Civil Appeals of Texas, 2013

Kevin Howard v. State

Kevin Howard v. State
Court of Civil Appeals of Texas · Decided July 3, 2013

Kevin Howard v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00272-CR

Kevin Howard, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT NO. D-1-DC-10-207399, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

MEMORANDUM OPINION

A jury found appellant Kevin Howard guilty of two counts of aggravated robbery with a deadly weapon. See Tex. Penal Code §§ 29.02(a)(1)–(2), .03(a)(2). The jury assessed punishment at sixty years’ imprisonment for each count.

Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86–87 (1988).

Appellant received a copy of counsel’s brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We have not received a pro se brief from appellant.

We have conducted an independent review of the record, including appellate counsel’s brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.

Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed.

__________________________________________ Scott K. Field, Justice Before Chief Justice Jones, Justices Goodwin and Field Affirmed Filed: July 3, 2013 Do Not Publish

Case-law data current through December 31, 2025. Source: CourtListener bulk data.