Lillie Shalyn McCarley v. the State of Texas
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledSeptember 23, 2026
Docket06-26-00078-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00078-CR
LILLIE SHALYN MCCARLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 371st District Court
Tarrant County, Texas
Trial Court No. 1805180
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
Lillie Shalyn McCarley pled guilty to aggravated assault with a deadly weapon, a second-
degree felony. See TEX. PENAL CODE ANN. § 22.02(a)(2). Pursuant to a plea bargain with the
State, the trial court placed McCarley on four years’ deferred adjudication community
supervision. The State later filed a motion to adjudicate guilt alleging that McCarley committed
criminal mischief. After an evidentiary hearing, which included McCarley’s video-recorded
confession to law enforcement that she had committed the criminal mischief, the trial court
found the State’s allegation true, adjudicated McCarley’s guilt, and sentenced her to twelve
years’ imprisonment. McCarley appeals.1
McCarley’s appellate counsel has filed a brief stating that he 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 appellate 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). Appellate counsel also filed a motion with this Court seeking to
withdraw as counsel in this appeal.
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.
2
On July 21, 2026, appellate counsel mailed to McCarley copies of the brief, the motion to
withdraw, and a motion for pro se access to the appellate record lacking only McCarley’s
signature. McCarley was informed of her rights to review the record and file a pro se response.
On July 21, we informed McCarley that her motion for pro se access to the appellate record was
due on or before August 5. By letter dated August 18, this Court informed McCarley that the
case would be set for submission on September 8. We received neither a pro se response from
McCarley 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 appellate 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 trial court’s judgment.2
Scott E. Stevens
Chief Justice
Date Submitted: September 8, 2026
Date Decided: September 23, 2026
Do Not Publish
2
Since we agree that this case presents no reversible error, 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, 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