Opinion issued September 23, 2025

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00597-CR ——————————— NONYA LAKISHA SMITH, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 488th District Court Harris County, Texas Trial Court Case No. 1836228

MEMORANDUM OPINION The trial court found appellant, Nonya Lakisha Smith, guilty of the felony offense of injury to a child,1 and the trial court assessed her punishment at confinement for ten years, suspended the sentence, placed her on community

See TEX. PENAL CODE ANN. § 22.04(a)(3), (f). supervision for five years, and assessed a fine of $100. Appellant timely filed a notice of appeal.

Appellant’s appointed counsel on appeal has filed a motion to withdraw, along with a brief stating that the record presents no reversible error and the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738 (1967).

Counsel’s brief meets the Anders requirements by presenting a professional evaluation of the record and supplying the Court with references to the record and legal authority. See id. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that he has thoroughly reviewed the record and is unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at 744; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.]

2006, no pet.).

Counsel has informed the Court that he provided appellant with a copy of the Anders brief and his motion to withdraw. Counsel also informed appellant of her right to examine the appellate record and file a response to counsel’s Anders brief.

Further, counsel provided appellant with a form motion to access the appellate record.2 See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim. App. 2014); In re

This Court also notified appellant that counsel had filed an Anders brief and a motion to withdraw and informed appellant that she had a right to examine the appellate record and file a response to her counsel’s Anders brief. And this Court provided appellant with a form motion to access the appellate record. See Kelly v. Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008). Appellant has not filed a response to her counsel’s Anders brief.

We have independently reviewed the entire record, and we conclude that no reversible error exists in the record, there are no arguable grounds for review, and the appeal is frivolous. See Anders, 386 U.S. at 744 (emphasizing reviewing court— and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by reviewing entire record). We note that appellant may challenge a holding that there is no arguable ground for an appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.

Conclusion We affirm the judgment of the trial court and grant appellant’s appointed counsel’s motion to withdraw.3 Attorney Tom Abbate must immediately send

State, 436 S.W.3d 313, 319–22 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).

Appellant’s counsel still has a duty to inform appellant of the result of the appeal and that appellant may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997). appellant the required notice and file a copy of the notice with the Clerk of this Court.

See TEX. R. APP. P. 6.5(c). We dismiss any other pending motions as moot.

PER CURIAM Panel consists of Justices Guerra, Guiney, and Johnson.

Do not publish. TEX. R. APP. P. 47.2(b).