David Rainbolt v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledSeptember 24, 2026
Docket11-25-00243-CR
StatusPublished
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Full Opinion
Opinion filed September 24, 2026
In The
Eleventh Court of Appeals
__________
No. 11-25-00243-CR
__________
DAVID LEE RAINBOLT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from 104th District Court
Taylor County, Texas
Trial Court Cause No. 23134-B
MEMORANDUM OPINION
Appellant, David Lee Rainbolt, was charged with driving while intoxicated, a
third-degree felony. See TEX. PENAL CODE ANN. § 49.09(b) (West Supp. 2025).
Appellant entered an open plea of guilty. After the completion of a pre-sentence
investigation (PSI) and a hearing on punishment, the trial court assessed Appellant’s
punishment at seven years’ imprisonment in the Institutional Division of the Texas
Department of Criminal Justice.
Appellant’s court-appointed counsel has filed a motion to withdraw in this
court, supported by a brief in which counsel professionally and conscientiously
examines the record and applicable law and concludes that there are no meritorious
or arguable grounds to present on appeal. See Anders v. California, 386 U.S. 738,
744 (1967); In re Schulman, 252 S.W.3d 403, 406–09 (Tex. Crim. App. 2008).
Counsel has provided Appellant with a copy of the brief, a copy of the motion to
withdraw, an explanatory letter, and copies of the clerk’s and reporter’s records.
Counsel also advised Appellant of his right to (1) object to counsel’s motion,
(2) review the record, (3) file a pro se response to counsel’s Anders brief, and (4) file
a petition for discretionary review. See TEX. R. APP. P. 6.5, 68. As such, court-
appointed counsel has complied with the requirements of Anders, 386 U.S. at 742–
44; Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); Schulman, 252 S.W.3d
409–12; and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991).
Appellant has not filed a response to counsel’s Anders brief. Following the
procedures outlined in Anders and Schulman, we have independently reviewed the
record and the brief, and we conclude that this appeal is without merit. See Anders,
386 U.S. at 744; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).
Accordingly, we agree with counsel that no meritorious or arguable grounds for
appeal exist.1 See Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009)
(“[C]ourts of appeals must decide whether the Anders appeal and subsequent pro se
brief raise any meritorious ‘arguable grounds’ for review.”).
1
We note that Appellant has the right to file a petition for discretionary review in the Court of
Criminal Appeals pursuant to Rule 68 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.
2
Accordingly, we grant counsel’s motion to withdraw, and we affirm the
judgment of the trial court.
W. STACY TROTTER
JUSTICE
September 24, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
3