Robert Wayne Dugan II v. the State of Texas

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana

No. 06-26-00027-CR

ROBERT WAYNE DUGAN II, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 355th District Court
Hood County, Texas
Trial Court No. CR16978

Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION

Robert Wayne Dugan, II, pled guilty to the first-degree felony of manufacture or

delivery of a controlled substance, methamphetamine, four grams or more but less than 200

grams. See TEX. HEALTH & SAFETY CODE ANN. § 481.112 (Supp.). Dugan was advised at

the time of his plea that the punishment range for the first-degree felony offense was from

five to ninety-nine years or life in prison and a fine of up to $10,000.00. There was a

punishment hearing before the bench, and the trial court sentenced Dugan to twenty-four

years’ incarceration. Dugan appeals.1

Dugan’s attorney has filed a brief stating that she reviewed the record and found no

genuinely arguable issues that could be raised on appeal. The brief sets out the procedural

history of the case and summarizes the evidence elicited during the course of the trial court

proceedings. Since counsel has provided a professional evaluation of the record

demonstrating why there are no arguable grounds to be advanced, that evaluation meets the

requirements of Anders v. California. 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.

On March 19, 2026, counsel confirmed that copies of the brief, the motion to

1
Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Supp.). We follow the
precedent of the Second Court of Appeals in deciding the issues presented. See TEX. R. APP. P. 41.3.
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withdraw, the record, and a letter outlining his pro se rights were delivered to Dugan.

Dugan was informed of his rights to review the record and file a pro se response. By letter

dated April 22, this Court informed Dugan that the case would be set for submission on

May 13. We received neither a pro se response from Dugan nor a motion requesting 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 entire appellate record and, like counsel, have determined 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, we must affirm the

trial court’s judgment. Id.

We affirm the judgment of the trial court.2

Scott E. Stevens
Chief Justice

Date Submitted: May 13, 2026
Date Decided: June 11, 2026

Do Not Publish

2
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, the appellant 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.
3