# Demarquis Rogers v. State

> Texas Court of Appeals, 1st District (Houston) · August 11, 2016

URL: https://www.frixlaw.com/law-library/cases/4024116

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** August 11, 2016
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4024116

## How later opinions describe it (automated extraction)

- emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous

## Opinion text

Opinion issued August 11, 2016

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-15-00553-CR
———————————
DEMARQUIS ROGERS, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Case No. 14-DCR-065079A

MEMORANDUM OPINION

Demarquis Rogers pleaded guilty to the felony offense of burglary of a

habitation after the jury was empaneled. See TEX. PENAL CODE ANN. § 30.02(a)

(West 2011). The jury found Rogers guilty and sentenced him to 45 years’

incarceration in the Texas Department of Criminal Justice, Institutional Division.
See TEX. PENAL CODE ANN. § 12.42(c)(1) (West Supp. 2015). Rogers filed a timely

notice of appeal.

Rogers’s appointed counsel on appeal has filed a motion to withdraw, along

with a brief stating that the record presents no reversible error and the appeal is

without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct.

1396 (1967).

Counsel’s brief meets the Anders requirements by presenting a professional

evaluation of the record and supplying us with references to the record and legal

authority. 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d

807, 812 (Tex. Crim. App. 1978). Counsel indicates that she has thoroughly

reviewed the record and is unable to advance any grounds of error that warrant

reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193

S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).

Rogers was provided a copy of the record by counsel. On June 13, 2016,

Rogers filed a response to the Anders brief.

We have independently reviewed the entire record in this appeal, and we

conclude that no reversible error exists in the record, there are no arguable grounds

for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at

1400 (emphasizing that reviewing court—and not counsel—determines, after full

examination of proceedings, whether appeal is wholly frivolous); Garner v. State,

2
300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine

whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–

27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court

determines whether arguable grounds exist by reviewing entire record). We note

that an appellant may challenge a holding that there are no arguable grounds for

appeal by filing a petition for discretionary review in the Texas Court of Criminal

Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.

We affirm the judgment of the trial court and grant counsel’s motion to

withdraw.1 Attorney Patti Sedita must immediately send appellant the required

notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P.

6.5(c). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).

1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).
3

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4024116. Public record. Not legal advice.