Court of Appeals Tenth Appellate District of Texas 10-25-00157-CR

Kenneth Maurice McDonald, Appellant v. The State of Texas, Appellee

On appeal from the 52nd District Court of Coryell County, Texas Judge Trent D. Farrell, presiding Trial Court Cause No. 24-28654 JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION Kenneth Maurice McDonald pled guilty to and was convicted of burglary of a building. He was placed on community supervision for five years. The trial court revoked McDonald’s supervision after McDonald pled true to each alleged community supervision violation and sentenced McDonald to 20 months in State Jail. We affirm the trial court’s judgment.

McDonald’s appointed counsel filed a motion to withdraw and an Anders brief in support of the motion asserting that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel's brief evidences a professional evaluation of the record for error and compliance with the other duties of appointed counsel. We conclude that counsel has performed the duties required of appointed counsel. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436 S.W.3d 313, 319-320 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008).

In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988). After a review of the entire record in this appeal, we have determined the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's judgment.

McDonald v. State Page 2 Counsel's motion to withdraw from representation of McDonald is granted.

LEE HARRIS Justice OPINION DELIVERED and FILED: November 13, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Affirmed Motion granted Do Not Publish CR25

McDonald v. State Page 3