Full Opinion

In the Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-26-00061-CR KEVIN WADE GIBSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 4 Montgomery County, Texas Trial Court No. 24-386224 Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION A Montgomery County1 jury convicted Kevin Wade Gibson of driving while intoxicated, see TEX. PENAL CODE ANN. § 49.04 (Supp.), and sentenced him to forty-five days’ confinement in the Montgomery County Jail and a fine of $3,100.00. Gibson appeals. Gibson’s appellate counsel filed a motion to withdraw as Gibson’s counsel on appeal, stating that he had filed an Anders brief, see Anders v. California, 386 U.S. 738, 743–44 (1967), which concluded his duties as Gibson’s court-appointed counsel. In his Anders brief in support of his motion to withdraw, appellate counsel stated that he had “identified no arguable appellate issues that would persuade the Appellate Court.” Appellate counsel’s Anders brief sets out the factual and procedural history of the case. Appellate counsel provided a summary of the testimony introduced at trial and possible points of error, concluding with respect to each point that it would not succeed on appeal. Appellate counsel filed a separate letter he sent to Gibson in which he told Gibson he had filed an Anders brief, explained the meaning of an Anders brief, and stated that he had identified no arguable grounds for appeal. Appellate counsel included with the letter a copy of the appellate record. Through the letter, appellate counsel also informed Gibson of his right to file a pro se brief during an automatic thirty-day extension and his right to petition the Texas Court of Criminal Appeals for discretionary review should this Court deny his appeal. 1 This appeal was transferred to this Court from the Ninth Court of Appeals pursuant to a Texas Supreme Court docket equalization order. See TEX. GOV’T CODE ANN. § 73.001 (Supp.). Accordingly, we apply the precedent of the Ninth Court of Appeals in deciding this case to the extent that it conflicts with our own. See TEX. R. APP. P. 41.3. 2 On June 17, 2026, we informed Gibson that his pro se brief was due on or before Friday, July 17. On July 29, 2026, we informed both Gibson and his appellate counsel that the case would be submitted on August 19. We did not receive a pro se brief from Gibson nor a motion requesting an extension of time in which to file such a brief. Appellate counsel’s actions comply with an appointed counsel’s responsibilities when filing an Anders brief and a motion to withdraw in accordance with Kelly v. State. See Kelly v. State, 436 S.W.3d 313, 318–20 (Tex. Crim. App. 2014). Appellate counsel’s professional evaluation of the record demonstrates why there are no arguable grounds to be raised on appeal and meets the requirements of Anders. See Anders, 386 U.S. at 743–44; Kelly, 436 S.W.3d at 318–20. After our independent review of the entire appellate record, we have independently determined that there are no non-frivolous grounds for appeal. See Kelly, 436 S.W.3d at 318 n.16. In the Anders context, once we determine that the appeal is without merit, we must affirm the trial court’s judgment. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). 3 We affirm the trial court’s judgment.2 Jeff Rambin Justice Date Submitted: August 19, 2026 Date Decided: August 31, 2026 Do Not Publish 2 Since we agree that this case presents no non-frivolous grounds for appeal, we also, in accordance with Anders, grant appellate 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, 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. 4