MAYFIELD v. STATE

No. 06-16-00134-CR.

ZADRIEN DEWAYNE MAYFIELD AKA ZADRIEN MAYFIELD, Appellant, v. THE STATE OF TEXAS, Appellee.

Court of Appeals of Texas, Sixth District, Texarkana.

Decided: February 8, 2017.


Attorney(s) appearing for the Case

Debra A. Windsor , for State of Texas.

Mike Berger , Zadrien Dewayne aka Zadrien Mayfield Mayfield, for Zadrien Dewayne Mayfield, aka Zadrien Mayfield, Appellant.

Before Morriss, C.J., Moseley and Burgess, JJ.


DO NOT PUBLISH

MEMORANDUM OPINION

Memorandum Opinion by Justice RALPH K. BURGESS.

Zadrien Dewayne Mayfield pled guilty to aggravated robbery with a deadly weapon.1 Following a bench trial on punishment, Mayfield was sentenced to ten years' incarceration.2

Mayfield's appellate counsel filed a brief that outlined the procedural history of the case, provided a detailed summary of the evidence elicited during the course of the trial court proceedings, and stated that counsel found no meritorious issues to raise on appeal. Meeting the requirements of Anders v. California, counsel has provided a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. Anders v. California, 386 U.S. 738, 743-44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509-10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal. Counsel provided Mayfield with a copy of the brief, a motion for access to the appellate record, and the motion to withdraw. Counsel also informed Mayfield of his right to review the record and file a pro se response. Mayfield did not request access to the appellate record. Mayfield's pro se response, if any, was due on or before November 14, 2016. Mayfield has not filed a pro se response and has not requested an extension of time in which to file such a response.

We have determined that this appeal is wholly frivolous. We have independently reviewed the appellate record, and we agree that no arguable issue supports an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).

In the Anders context, once we determine that the appeal is without merit and is frivolous, we must either dismiss the appeal or affirm the trial court's judgment. See Anders, 386 U.S. 738.

We affirm the judgment of the trial court.3

FootNotes


1. See TEX. PENAL CODE ANN. § 29.03 (West 2011).
2. Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to Section 73.001 of the Texas Government Code. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). We are unaware of any conflict between precedent of the Second Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.
3. Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel's request to withdraw from further representation of Appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should Appellant desire to seek further review of this case by the Texas Court of Criminal Appeals, 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 (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4.

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