## NO. 12

- 16

- 00309

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BRIAN RYE HAMMONS,

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE §

§

§ APPEAL FROM THE 114T H

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPIN ION

PER CURIAM

Brian Rye Hammons appeals his conviction for evading arrest or detention with a

vehicle. 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). Appellant filed a pro se response. We affirm.

B ACKGROUND

Appellant was charged by indictment with evading arrest or detention with a vehicle.

Appellant pleaded “guilty” to the offense, “true” to a deadly weapon allegation, and “true” to

two felony enhancement allegations. After a sentencing hearing, the trial court assessed his

punishment at imprisonment for life. This appeal followed.

A NALYSIS P URSUANT TO A NDERS V

. C ALIFORNIA

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

State

. Appellant’s counsel relates that he has reviewed the record and found no reversible error

or jurisdictional defects. In compliance with High v. State , 573 S.W.2d 807, 812 (Tex. Crim.2

App. [Pa nel Op.] 1978), Appellant’s brief contains a professional evaluation of the record

demonstrating why there are no arguable grounds to be advanced. 1

Appellant contends in his pro se response that his defense counsel was inadequate and

that he was not compet ent at the time of his plea. When faced with an Anders brief and a pro se

response by an appellant, an appellate court can either (1) determine that the appeal is wholly

frivolous and issue an opinion explaining that it has reviewed the record and finds n o reversible

error or (2) determine that arguable grounds for appeal exist and remand the cause to the trial

court so that new counsel may be appointed to brief the issues. Bledsoe v. State

, 178 S.W.3d

824, 826

- 27 (Tex. Crim. App. 2005).

C ONCLUSION

After conducting an independent examination of the record, we find no reversible error

and conclude that the appeal is wholly frivolous. See id

. Accordingly, we affirm the judgment

of the trial court.

As required by Anders and Stafford v. State , 813 S.W.2d 5 03, 511 (Tex. Crim. App.

1991), Appellant’s counsel has 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 and now grant counsel’s m otion for leave to withdraw.

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 T EX

. R. A PP

. P . 48.4; In re Schulman , 252 S.W.3d at 411 n.35.

Should Appellant wish to seek review of these cases 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 pro se petition for discretionary review. Any petition for discretionary review must be filed

within thirty days from the date of this court’s judgment or the date the last timely motion for

rehearing was overruled by this court. See T EX

. R. A PP

. P . 68.2(a). Any petition for

discretionary review must be filed with the Texas Court of Criminal Appeals. See T EX

. R. A PP

.

1 In compliance with Kelly v. State

, Appellant’s counsel provided Appellant with a copy of the brief, notified Appellant of his 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. 436 S.W.3d 313, 3 19 (Tex. Crim. App. 2014).3

P . 68.3(a). Any petition for discretionary review should comply with the requirements of Rule

68.4 of the Texas Rules of Appellate Procedure. S ee In re Schulman , 252 S.W.3d at 408 n.22.

Opinion delivered November 15, 2017.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

## COURT OF APPEALS

TW ELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

NOVEMBER 15 , 2017

NO. 12

- 16

- 00309

- CR

BRIAN RYE HAMMONS, Appellant

V. THE STATE OF TEXAS, Appellee

Appeal from the 114th District Court

of Smith County, Texas (Tr.Ct.No. 114

- 0574

- 16)

THIS CAUSE came to be heard on the appellate record and briefs 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 a ll 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.