CourtListener 10360750•Crystal Keimoni Daniel v. the State of Texas
Full text
Court of Appeals
Tenth Appellate District of Texas
10-24-00154-CR
Crystal Keimoni Daniel,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
278th District Court of Walker County, Texas
Judge Hal R. Ridley, presiding
Trial Court Cause No. 31355
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Crystal Keimoni Daniel was convicted of Aggravated Assault with a
Deadly Weapon, see TEX. PENAL CODE § 22.02(a)(2), and sentenced to 15 years
in prison. We affirm the trial court’s judgment.
Daniel’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). In our review, we have paid particular
attention to the issues identified in Daniel’s pro se response to her counsel’s
brief in support of the motion to withdraw. 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.
Daniel v. State Page 2
Counsel's motion to withdraw from representation of Daniel is granted.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: March 20, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed
Do Not Publish
[CR25]
Daniel v. State Page 3
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.