### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-13-00746- CR

Thomas At kin son, App ellant

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 403 RD JUDICI AL DISTRICT NO. D-1 -DC- 12- 3014 80, H ONO RAB LE B RENDA KENNEDY , JUDGE P RESIDING

M E M O R A N D U M O P I N I O N
Appellant Thomas Atkinson w as tried bef ore a jury and found g uilty of the offe nse of murder. See Tex. Penal Code § 19.02(b)( 1). The jury assessed punishment at 75 y ear s in prison, and the court sentenced appellant accor dingly

. See i d

. § 12.32 (punishment rang e for first-deg ree felony is mini mum of 5 y ear s and maxim um of 99 y ear s). Appellant’s court-a

ppointed attorney has filed a motion to withdraw supported by a b r ie f c o n c lu d in g th a

t th e a p p e a l is f r iv o lo u s a n d w it h o u t me r it

. Co u

n s e l’ s b r ie f me e ts th e r e q

u ir e me n ts of Anders v. Calif

ornia by prese nting a profe ssional evalua tion of the rec ord and demonstrating that there are no arg uable g rounds to be advanc ed. See Anders v. Ca l i f o r n i a , 386 U.S. 738, 744-45 (1967); Garner v. S t a t e , 3 00 S.W .3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio , 488 U.S. 75, 80-82 (1988). Appellant’s counsel has repr esente d to t h e C o u rt that he provided copies of the motion and brief to a ppellant; advised a

ppellant of his rig ht to examine the appellate

rec ord, file a pro s e brief, and pursue discretionar y revie w following dismiss al of this appea l asfrivolous; and provided appellant with the m ailing addre ss of this Court and the trial court so that

he could inform the courts if he desired to revie w the rec ord and submit a brief. See Kelly v. State , 43 6 S

. W

. 3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders , 386 U.S. at 744; Garner , 300
S.W .3d at 766. Appellant r equeste d and re ceive d the appe llate re cord a nd filed three briefs.
We have independe ntly revie wed the rec ord and have found nothing t h at m i g ht
arg uably support the appea l. See Anders , 3 8 6 U.S. at 744; Garner , 300 S.W .3d at 766; Bledsoe
v. Stat e , 178 S.W .3d 824, 826-27 (Te x . Crim. App. 2005). We ag ree with counsel t hat t he appeal is frivolous and without merit. We g rant counsel’s motion to withdraw and aff irm the judgme nt of convic tion. 1

__________________________________________ David Pury ear , J ustice
Be fore J ustices Pury ear , Goodwin, and F ield
Affir med Filed: January

22, 2015 Do Not Publish

No substitut e counsel will be appointed. Should appellant wish to seek further revie w of 1 his case by the Texas Court of Criminal Appea ls, he must either reta in an attorney to file a petition for discretionar

y revie w or file a pro se petition for discretionar y revie w. See generally Tex. R. App. P. 68-79 (g overning proce eding s in Court of Criminal Appea ls). Any petition for discretionar y revie w must be filed within thirty day s from the date of either this opinion or the date that this Court overr ules the last timely motion for rehe aring filed. See id. R. 68.2. The petition must be filed with the clerk of t he C ourt of C riminal Appea ls. Id. R. 68.3(a). I f the petiti on is mistakenly filed wit h this Court, it will be forwar ded to t he Court of Criminal Appea ls. Id. R. 68.3(b). Any petition for discretionar

y revie w should comply with the rules of appellate proce dure. See id. R. 68.4. Once this Court r ece ives notice that a petition has bee n filed, the filing s in this case will be forwa rded to the Court of Criminal Appeals. See id. R. 68.7. 2