## NUMBER 13 -23-00570- CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI

– EDINBURG

EVETTE NICOLE WILLOUGHBY, Appellant,

v. THE STATE OF TEXAS , Appellee.

O N APPEAL FROM THE 227TH D ISTRICT C OURT OF BEXAR COUNTY , T EXAS



## MEMORANDUM OPINION

Before Justice s Benavides, Longoria, and Silva Memorandum Opinion by Justice Silva
A ppellant Evette Nicole Willoughby was convicted of injury to a child , a third

degree felony, and sentenced to ten years ’ imprisonment. 1 See T EX

. P ENAL C ODE A NN

.

1 This case is before this Court on transfer from the Fourth Court of Appeals in San Antonio pursuant to a docket

- equalization order issued by the Supreme Court of Texas. See T EX

. G OV ’ T C ODE A NN

. §§ 22.220(a) (delineating the jurisdiction of appellate courts), 73.001 (granting the supreme court the2 § 2 2.04

. Appellant’s court

- appointed counsel has filed an Anders brief stating that there are no arguable grounds for appeal. See Anders v. California , 386 U.S. 738, 744 (1967). We affirm the trial court’s judgment.
I. **A NDERS**  B RIEF Pursuant to Anders v. California , appellant’s court

- appointed appellate counsel filed a brief and a motion to withdraw with this Court, stating that h i s review of the record yielded no grounds of reversible error upon which an appeal c ould be predicated. See id. Counsel’s brief meets the requirements of Anders as it presents a professional evaluation demonstrating why there are no arguable grounds to advance on appeal. See In re Schulman , 252 S.W.3d 403, 40 6 n.9 (Tex. Crim. App. 2008) (orig. proceeding) (“In Texa s,

an Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it must provide record references to the facts and procedural history and set out pertinent legal authorities.” (citing Hawkins v. State , 112 S.W.3d 340, 343

– 44 (Tex. App.

— Corpus Christi

– Edinburg 2003, no pet.)) ) ; Stafford v. State , 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991). In compliance with High v. State , 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978) and Kelly v. State , 436 S.W.3d 313, 319

– 22 (Tex. Crim. App. 2014), appellant’s counsel carefully discussed why, under controlling authority, there is no reversible error in the trial court’s judgment

. Appellant’s counsel also informed this Court in writing that h e : (1) notified appellant that counsel has filed an Anders brief and a motion

authority to transfer cases from one court of appeals to another at any time that there is “good cause” for the transfer). Because this is a transfer case, we apply the precedent of the San Antonio Court of Appeals to the extent it differs from our own. See T EX

. R. A PP

. P. 41.3.3 to withdraw; (2) provided appellant with copies of both pleadings; (3) informed appellant of h er right s to file a pro se response, to review the record prior to filing th at response, and to seek discretionary review if we conclude that the appeal is frivolous; and (4) provided appellant with a form motion for pro se access to the appellate record that only requires appellant’s signature and date with instructions to file the motion within ten days. See Anders , 386 U.S. at 744; Kelly , 436 S.W.3d at 319

– 20; see also In re Schulman , 252 S.W.3d at 40 8

– 09

. Appellant did not file a pro se response

. II. I NDEPENDENT R EVIEW Upon receiving an Anders brief, we must conduct a full examination of all the proceedings to determine whether the case is wholly frivolous. Penson v. Ohio , 488 U.S. 75, 80 (1988). We have reviewed the record and counsel’s brief , and we have found nothing that would arguably support an appeal

. See Bledsoe v. State , 178 S.W.3d 824, 827

– 28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirement s of Texas Rule of Appellate Procedure 47.1.”); Stafford , 813 S.W.2d at 5 11

. III. M OTION TO W ITHDRAW In accordance with Anders , appellant’s counsel has asked this Court for permission to withdraw as counsel. See Anders , 386 U.S. at 744; see also In re Schulman , 252 S.W.3d at 408 n.17

. We grant counsel’s motion to withdraw. 2 Within five days from the date of this Court’s opinion, counsel is ordered to sen d a copy of this opinion

2 All other pending motions, if any, are dismissed as moot.4 and this Court’s judgment to appellant and to advise h er of h er right to file a petition for discretionary review. 3 See T EX

. R. A PP

. P. 48.4; see also In re Schulman , 252 S.W.3d at
41 1 n.35; Ex parte Owens , 206 S.W.3d 670, 673 (Tex. Crim. App. 2006).
I V

. C ONCLUSION We affirm the trial court’s judgment

. CLARISSA SILVA Justice
Do not publish. T EX . R. A PP . P. 47.2(b). Delivered and filed on the 25th day of J uly , 202 4

.

3 No substitute counsel will be appointed. Should appellant wish to see k further review of this case by the Texas Court of Criminal Appeals, s 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 must be filed wit hin thirty days from the date of either this opinion or the last timely motion for rehearing or timely motion for en banc reconsideration that was overruled by this Court. See T EX

. R. A PP

. P. 68.2. A ny petition for discretionary review must be filed with t he C lerk of the Texas Court of Criminal Appeals. See id. R. 68.3. Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure 68.4. See id. R. 68.4.