Gary Dean Crawford v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJuly 30, 2026
Docket01-25-00160-CR
StatusPublished
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Full Opinion
Opinion issued July 30, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00160-CR
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GARY DEAN CRAWFORD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 56th District Court
Galveston County, Texas
Trial Court Case No. 23-CR-3590
MEMORANDUM OPINION
A jury convicted Gary Dean Crawford of assault, by impeding breath, of an
individual with whom he had a dating relationship, with a previous conviction for
the same offense.1 Crawford pleaded “true” to one enhancement paragraph, which
elevated the punishment range for the offense to that of a first-degree felony. 2 The
jury assessed a punishment of life in prison. 3 Crawford appealed.
Crawford’s appointed counsel has now filed a motion to withdraw, along with
an Anders brief, stating that the record presents no reversible error and that the appeal
is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 744 (1967).
Counsel states in his brief that he has thoroughly reviewed the record and is
unable to advance any ground of error that warrants reversal. See id.; In re Schulman,
252 S.W.3d 403, 406–09 (Tex. Crim. App. 2008); Mitchell v. State, 193 S.W.3d 153,
155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Counsel’s brief meets the
Anders requirements because it presents a professional evaluation of the record and
supplies this Court with references to the record and legal authority. See Anders, 386
U.S. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978).
Further, Crawford’s counsel informed this Court that he mailed a copy of the
motion to withdraw and Anders brief to Crawford and informed him of his right to
1
See TEX. PENAL CODE § 22.01(b)(2)(B). The prior conviction for assault of a family
member by impeding breath made this second-degree felony. See id. § 22.01(b-3).
2
See id. § 12.42(b). The State alleged two enhancement paragraphs in the indictment
but abandoned one at trial.
3
See id. § 12.32.
2
access the appellate record and file a pro se response. See Kelly v. State, 436 S.W.3d
313, 319–20 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d at 408–09. 4
Crawford did not file a pro se response to the Anders brief.
The State filed a waiver of its right to file a response to the Anders brief.
We have independently reviewed the entire record in this appeal. See Mitchell,
193 S.W.3d at 155. And we conclude that no reversible error exists in the record,
that there are no arguable grounds for review, and that the appeal is frivolous. See
Anders, 386 U.S. at 744 (emphasizing that reviewing court—and not counsel—
determines, after full examination of proceedings, whether appeal is wholly
frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009); Bledsoe
v. State, 178 S.W.3d 824, 826–28 (Tex. Crim. App. 2005).
We therefore affirm the judgment of the trial court and grant counsel’s motion
to withdraw. 5 See TEX. R. APP. P. 43.2(a). Attorney Joel H. Bennett must
immediately send the required notice and file a copy of that notice with the Clerk of
4
Subsequently, this Court also notified Crawford at his last known address of his
right to access the record and file a response and provided him with a form motion
to access the record. See Kelly v. State, 436 S.W.3d 313, 321–22 (Tex. Crim. App.
2014).
5
Appointed counsel still has a duty to inform Crawford of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App.
2005). An appellant may challenge a holding that there are no arguable grounds for
appeal by filing a petition for discretionary review. See id. at 827 & n.6.
3
this Court. See TEX. R. APP. P. 6.5(c). We dismiss any other pending motions as
moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guiney and Morgan.
Do not publish. TEX. R. APP. P. 47.2(b).
4