CourtListener 9438577•Damien Tyrone Adkison v. the State of Texas
Damien Tyrone Adkison v. the State of Texas
CourtListener 9438577Txctapp1009.11.2023
Gesamter Gesetzestext
IN THE
TENTH COURT OF APPEALS
No. 10-23-00051-CR
DAMIEN TYRONE ADKISON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2016-1327-C1
MEMORANDUM OPINION
Damien Tyrone Adkison was convicted of aggravated sexual assault of a child and
indecency with a child by contact and sentenced to 37 years and five years in prison,
respectively. We affirm the trial court’s judgment.
Adkison’s appointed counsel filed a motion to withdraw and an Anders brief in
support of the motion 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 Anders, 386 U.S.
at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also Kelly v. State, 436
S.W.3d 313, 319-320 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407 (Tex.
Crim. App. 2008).
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; see
Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 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, 439 n. 10, 108 S. Ct. 1895, 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, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial
court's judgment.
Counsel's motion to withdraw from representation of Adkison is granted.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Affirmed; motion granted
Opinion delivered and filed November 9, 2023
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