CourtListener 10028485•Chase Andrew Clower v. the State of Texas
Chase Andrew Clower v. the State of Texas
CourtListener 10028485Txctapp1001.08.2024
Gesamter Gesetzestext
IN THE
TENTH COURT OF APPEALS
No. 10-23-00013-CR
No. 10-23-00014-CR
CHASE ANDREW CLOWER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law
Navarro County, Texas
Trial Court Nos. C41046-CR and C41048-CR
MEMORANDUM OPINION
A jury found Chase Andrew Clower guilty of aggravated assault with a deadly
weapon, evading arrest or detention with a vehicle causing serious bodily injury, and
endangering a child. See TEX. PENAL CODE ANN. §§ 22.02(a)(2); 38.04(b)(3)(B); 22.041(f).
The jury assessed Clower’s punishment at twenty years, ten years, and ten years
confinement respectively in the Texas Department of Criminal Justice Institutional
Division. See TEX. PENAL CODE ANN. §§ 12.33; 12.34; 12.35. The judge sentenced Clower
accordingly and ordered the sentences to run concurrently. This appeal ensued. We
affirm the trial court’s judgments for each offense.
Clower’s appointed counsel filed a motion to withdraw and an Anders brief in
support of the motion in each case asserting that he has diligently reviewed the
appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California,
386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Counsel’s brief evidences a
professional evaluation of the record for error and compliance with the other duties of
appointed counsel. We conclude that counsel has performed the duties required of
appointed counsel. See id. at 744, 87 S.Ct. at 1400; High v. State, 573 S.W.2d 807, 812–13
(Tex. Crim. App. [Panel Op.] 1978); see also Kelly v. State, 436 S.W.3d 313, 319–20 (Tex.
Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407–09 (Tex. Crim. App. 2008).
Clower filed a pro se response, and the State filed a letter waiving its right to respond.
In reviewing an Anders appeal, we must, “after a full examination of all the
proceedings, . . . decide whether the case is wholly frivolous.” Anders, 386 U.S. at 744,
87 S.Ct. at 1400; see Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 349–50, 102 L.Ed.2d 300
(1988); accord Stafford v. State, 813 S.W.2d 503, 509–11 (Tex. Crim. App. 1991). An appeal
is “wholly frivolous” or “without merit” when it “lacks any basis in law or fact.”
McCoy v. Court of Appeals, 486 U.S. 429, 438 n.10, 108 S.Ct. 1895, 1902 n.10, 100 L.Ed.2d
440 (1988). After a review of the entire record in this appeal, we have determined the
appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826–28 (Tex. Crim.
App. 2005). Accordingly, we affirm the trial court’s judgments.
Clower v. State Page 2
Counsel’s motion to withdraw from representation of Clower in each case is
granted.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed
Opinion delivered and filed August 1, 2024
Do not publish
[CR25]
Clower v. State Page 3
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