CourtListener 10709965•Howard Eugene Davis v. the State of Texas
Testo completo
Court of Appeals
Tenth Appellate District of Texas
10-25-00192-CR
Howard Eugene Davis,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
19th District Court of McLennan County, Texas
Judge Thomas C. West, presiding
Trial Court Cause No. 2014-1691-C1
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Howard Eugene Davis pled guilty to the offense of aggravated robbery
and was sentenced to thirty-five years in prison. The Amarillo Court of
Appeals affirmed his conviction. See Davis v. State, No. 07-15-00370-CR, 2016
WL 1398537, at *2 (Tex. App.—Amarillo Apr. 6, 2016) (mem. op., not
designated for publication). Davis now appeals the trial court’s order denying
his motion for post-conviction DNA testing of a firearm under Chapter 64 of
the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 64.01,
et seq.
Davis’s appellate counsel filed a motion to withdraw and an Anders brief
in support of the motion asserting that the appeal presents no issues of
arguable merit. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L.
Ed. 2d 493 (1967). Counsel’s brief demonstrates a professional evaluation of
the record for error and he has demonstrated compliance with the other duties
of appointed counsel. See id. at 744; 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). Davis filed a pro se response to counsel’s Anders brief. The State
also filed a response.
In reviewing an Anders appeal, we must conduct a full examination of
the proceedings to determine whether the appeal is wholly frivolous. Anders,
386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 349-50, 102
L. Ed. 2d 300 (1988). Arguments are frivolous when they “cannot conceivably
persuade the court.” McCoy v. Ct. of Appeals, 486 U.S. 429, 436 (1988). We
have reviewed the record, counsel's brief, Davis’s pro se response, and the
State’s response, and we find that the appeal is frivolous. See Bledsoe v. State,
178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).
Howard Eugene Davis v. The State of Texas Page 2
Accordingly, we affirm the trial court’s order denying Davis’s Chapter 64
motion for DNA testing. Counsel’s motion to withdraw from representation of
Davis is granted.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: October 23, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed; Motion granted
Do not publish
CRPM
Howard Eugene Davis v. The State of Texas Page 3
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