Full Opinion (html_with_citations)

       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN


                                     NO. 03-22-00256-CR


                             Joseph Alexander Burpee, Appellant

                                                v.

                                  The State of Texas, Appellee


                FROM THE 453RD DISTRICT COURT OF HAYS COUNTY
         NO. CR-19-1173-E, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING



                            MEMORANDUM OPINION


               Appellant Joseph Alexander Burpee was charged with one count of the offense of

possession of a controlled substance, methamphetamine, and one count of the offense of

possession of a controlled substance, psilocin. See Tex. Health & Safety Code Ā§Ā§ 481.115(a),

(c), .116(a), (c). Appellant was found guilty by a jury of the charged offense and, for each count,

was sentenced to five yearsā€™ confinement in the Texas Department of Criminal Justiceā€”

Institutional Division, with the sentences to run concurrently. Appellant appeals the trial courtā€™s

judgments of conviction.

               Appellantā€™s court-appointed attorney has filed a motion to withdraw supported

by a brief concluding that the appeal is frivolous and without merit.        The brief meets the

requirements of Anders v. California by presenting a professional evaluation of the record

demonstrating why there are no arguable grounds to be advanced. See
386 U.S. 738, 744
 (1967);
Garner v. State,
300 S.W.3d 763, 766
 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 86-87
 (1988).

                Appellantā€™s counsel has represented to the Court that he has provided copies of

the motion and brief to appellant; advised appellant of his right to examine the appellate record

and file a pro se brief; provided appellant with a complete copy of the appellate record; and

notified appellant of his deadline to file pro se brief, along with the mailing address of this Court.

See Kelly v. State,
436 S.W.3d 313, 319-21
 (Tex. Crim. App. 2014); see also Anders,
386 U.S. at 744
; Garner,
300 S.W.3d at 766
. To date, appellant has not filed a pro se brief.

                We have conducted an independent review of the record, including appellate

counselā€™s brief, and find no reversible error. See Anders,
386 U.S. at 744
; Garner,
300 S.W.3d at 766
; Bledsoe v. State,
178 S.W.3d 824, 826-27
 (Tex. Crim. App. 2005). We agree with

counsel that the record presents no arguably meritorious grounds for review and the appeal

is frivolous.

                Counselā€™s motion to withdraw is granted.          The trial courtā€™s judgments of

conviction are affirmed.



                                               __________________________________________
                                               Chari L. Kelly, Justice

Before Justices Baker, Kelly, and Smith

Affirmed

Filed: December 30, 2022

Do Not Publish




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