Shaquettia Sonya Carter v. the State of Texas
Shaquettia Sonya Carter v. the State of Texas
Opinion
In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00305-CR ___________________________ SHAQUETTIA SONYA CARTER, Appellant V. THE STATE OF TEXAS
On Appeal from the 355th District Court Hood County, Texas Trial Court No. CR15044
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Bassel MEMORANDUM OPINION Appellant Shaquettia Sonya Carter entered an open plea of guilty to the second- degree felony offense of manslaughter and a plea of true to the deadly weapon enhancement paragraph. See Tex. Penal Code Ann. § 19.04. The jury heard punishment evidence and sentenced Carter to 14 years’ confinement. See id. §§ 19.04(b), 12.33(a).
Carter’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a supporting brief in which he avers that, in his professional opinion, this appeal is frivolous. Counsel’s brief professionally evaluates the appellate record and demonstrates why no arguable grounds for relief exist; the brief and withdrawal motion thus meet the requirements of Anders v. California, 386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). See Stafford v. State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991).
Counsel also complied with the requirements of Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014). 1
In Kelly, the Court of Criminal Appeals listed additional tasks an appointed lawyer who files an Anders brief must perform: He must write a letter to (1) notify his client of the motion to withdraw and the accompanying Anders brief, providing him a copy of each, (2) inform him of his right to file a pro se response and of his right to review the record preparatory to filing that response, and (3) inform him of his pro se right to seek discretionary review should the court of appeals declare his appeal frivolous. To this list we now add that appointed counsel who files a motion to withdraw and Anders brief must also (4) take concrete measures to initiate and facilitate the process of actuating his client’s right to review the appellate record, if that is what his client wishes.
After an appellant’s court-appointed counsel files a motion to withdraw on the ground that an appeal is frivolous and fulfills Anders’s requirements, we must independently examine the record for any arguable ground that may be raised on the appellant’s behalf. See Stafford, 813 S.W.2d at 511. 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 counsel’s brief and the appellate record.
Additionally, Carter sought access to the appellate record and filed a pro se response.
We have also reviewed the response brief.
We agree with counsel that an appeal would be wholly frivolous and without merit; we find nothing in the appellate record that otherwise arguably might support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).
We grant counsel’s motion to withdraw and affirm the trial court’s judgment.
/s/ Dabney Bassel Dabney Bassel Justice Do Not Publish Tex. R. App. P. 47.2(b) Delivered: July 3, 2025
436 S.W.3d at 319 (footnote omitted). The court also required counsel to supply the appellant with the mailing address for the court of appeals. Id. at 320.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.