Bobby Charles Ringwald v. the State of Texas
Bobby Charles Ringwald v. the State of Texas
Opinion
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-22-00152-CR
BOBBY CHARLES RINGWALD, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 28307
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens MEMORANDUM OPINION Bobby Charles Ringwald pled guilty to the offense of driving while intoxicated, third or more, with a habitual offender enhancement.1 Following a bench trial on punishment, the trial court sentenced him to thirty years’ imprisonment. Ringwald appeals.
Ringwald’s appellate counsel has filed a brief stating that he reviewed the record and found no genuinely arguable issues that could be raised on appeal. The brief sets out the procedural history of the case and summarizes the evidence elicited during the course of the trial court proceedings. Since counsel has provided a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced, that evaluation meets the requirements of Anders v. California. 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.
On March 6, 2023, counsel mailed to Ringwald copies of the brief, the appellate record, and the motion to withdraw. Counsel informed Ringwald of his rights to review the record and to file a pro se response. On May 22, Ringwald filed his pro se response to counsel’s Anders brief.
We have determined that this appeal is wholly frivolous. We have independently reviewed the entire appellate record and, like counsel, have determined that no arguable issue
TEX. PENAL CODE ANN. § 49.09(b) (Supp.), § 12.42. supports an appeal. 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 judgment of the trial court.2
Scott E. Stevens Chief Justice Date Submitted: June 12, 2023 Date Decided: June 14, 2023 Do Not Publish
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, he 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.
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