NO. 12-18-00037-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DARRYL WAYNE LEWIS, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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§

§

APPEAL FROM THE 369TH 

JUDICIAL DISTRICT COURT

ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Darryl Wayne Lewis appeals following his conviction for possession of a controlled 

substance with intent to deliver. Appellant’s counsel filed a brief in compliance with Anders v. 

California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 

S.W.2d 137 (Tex. Crim. App. 1969). We affirm.

BACKGROUND

Appellant was charged by indictment with possession of a controlled substance, with intent 

to deliver, in a drug-free zone. Appellant pleaded “not guilty.” The jury found Appellant “guilty” 

of possession with intent to deliver. Appellant then agreed to waive his right to appeal the jury’s 

guilt finding in exchange for the State’s abandoning the drug-free zone allegation and another 

possession charge. The jury, after finding the enhancement paragraphs regarding prior felony 

convictions “true,” sentenced Appellant to ninety-nine years imprisonment. This appeal followed.

ANALYSIS PURSUANT TO ANDERS V. CALIFORNIA

Appellant’s counsel filed a brief in compliance with Anders v. California and Gainous v. 

State. Appellant’s counsel states that he diligently reviewed the appellate record and is of the 

opinion that the record reflects no reversible error and that there is no error upon which an appeal 
2

can be predicated. He further relates that he is well acquainted with the facts in this case. In 

compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel 

Op.] 1978), Appellant’s brief presents a chronological summation of the procedural history of the 

case and further states that Appellant’s counsel is unable to raise any arguable issues for appeal.1 

We have likewise reviewed the record for reversible error and have found none.

CONCLUSION

As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant’s 

counsel moved for leave to withdraw. See also In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. 

App. 2008) (orig. proceeding). We carried the motion for consideration with the merits. Having 

done so and finding no reversible error, Appellant’s counsel’s motion for leave to withdraw is 

hereby granted and the appeal is affirmed.

As a result of our disposition of this case, Appellant’s counsel has a duty to, within five 

days of the date of this opinion, send a copy of the opinion and judgment to Appellant and advise 

him of his right to file a petition for discretionary review. See TEX. R. APP. P. 48.4; In re 

Schulman, 252 S.W.3d at 411 n.35. Should Appellant wish to seek review of this case by the 

Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for 

discretionary review on his behalf or he must file a petition for discretionary review pro se. Any 

petition for discretionary review must be filed within thirty days from either the date of this opinion 

or the date the last timely motion for rehearing was overruled by this Court. See TEX. R. APP.

P. 68.2. Any petition for discretionary review must be filed with the Texas Court of Criminal 

Appeals. See TEX. R. APP. P. 68.3(a). Any petition for discretionary review should comply with 

the requirements of Texas Rule of Appellate Procedure 68.4. See In re Schulman, 252 S.W.3d at 

408 n.22.

Opinion delivered April 10, 2019.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

 

1

In compliance with Kelly v. State, Appellant’s counsel provided Appellant with a copy of the brief, notified 

Appellant of the motion to withdraw as counsel, informed Appellant of his right to file a pro se response, and took 

concrete measures to facilitate Appellant’s review of the appellate record. See Kelly v. State, 436 S.W.3d 313, 319 

(Tex. Crim. App. 2014). Appellant was given time to file his own brief. The time for filing such a brief has expired 

and no pro se brief has been filed.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

APRIL 10, 2019

NO. 12-18-00037-CR

DARRYL WAYNE LEWIS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 369th District Court 

of Anderson County, Texas (Tr.Ct.No. 369CR-15-32355)

THIS CAUSE came to be heard on the appellate record and brief filed 

herein, and the same being considered, it is the opinion of this court that there was no error in the 

judgment.

It is therefore ORDERED, ADJUDGED and DECREED that the judgment 

of the court below be in all things affirmed, and that this decision be certified to the court below 

for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.