CourtListener 10375512•Lance Douglas Whitener v. the State of Texas
Testo completo
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00371-CR
LANCE DOUGLAS WHITENER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Childress County, Texas
Trial Court No. 6892, Honorable Stuart Messer, Presiding
April 9, 2025
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Lance Douglas Whitener, pleaded guilty to charges of possession of a
controlled substance with the intent to deliver. The trial court deferred the adjudication of
his guilt and placed him on community supervision for two years. There were conditions
to his community supervision. One required him to refrain from committing any offense
against the laws of this State, and other States, the United States, or any governmental
entity. Believing appellant violated that condition, the State moved to adjudicate his guilt.
After hearing evidence on the State’s motion, the trial court found that appellant violated
the condition, adjudicated him guilty of the aforementioned crime, and sentenced
appellant to 35 years imprisonment. See TEX. CODE CRIM. PROC. ANN. art. 42A.108.
Appellant timely appealed, and his court-appointed counsel filed an Anders brief in
support of her conclusion that there were no arguable grounds for appeal. See Anders
v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). We affirm the
trial court’s judgment.
Pursuant to Anders, appellant’s court-appointed appellate counsel filed a brief and
a motion to withdraw with this court, stating that her review of the record yielded no
grounds of reversible error upon which an appeal could be predicated. See id. Counsel’s
brief meets the requirements of Anders as it presents a professional evaluation
demonstrating why there are no arguable grounds to advance on appeal. See In re
Schulman, 252 S.W.3d 403, 406 n.9 (Tex. Crim. App. 2008) (stating that “[i]n Texas, an
Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none,
but it must provide record references to the facts and procedural history and set out
pertinent legal authorities”); see also Davis v. State, 683 S.W.3d 828, 829–30 (Tex.
App.—Amarillo 2023, no pet.). Appellant’s counsel also represented that she: 1) notified
appellant that counsel has filed an Anders brief and a motion to withdraw; 2) provided
appellant with copies of both pleadings; 3) informed appellant of his rights to file pro se
responses, to review the record prior to filing those responses, and to seek discretionary
review if we conclude that the appeal is frivolous; and 4) provided appellant with the
appellate record. By letter, the court notified appellant of his right to file a response to
counsel’s motion and brief by March 26, 2025, if he wished to do so. To date, no response
has been received.
2
We conducted our own independent review of the record to determine the
presence of arguable issues and found none. See Bledsoe v. State, 178 S.W.3d 824,
827–28 (Tex. Crim. App. 2005).
Accordingly, we affirm the trial court’s judgment and grant counsel’s motion to
withdraw. 1
Brian Quinn
Chief Justice
Do not publish.
1 Within five days from the date of this court’s opinion, counsel is ordered to send a copy of this
opinion and this court’s judgment to appellant and to advise him of his right to file a petition for discretionary
review. See TEX. R. APP. P. 48.4; see also In re Schulman, 252 S.W.3d at 411 n.35.
3
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