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Derrick Massey v. State
Citation: Not availableDocket: 02-16-00096-CR
Court: Court of Appeals of Texas; March 30, 2017; Texas; State Appellate Court
Original Court Document: View Document
Derrick Massey appeals his conviction for third-degree felony driving while intoxicated (DWI) and his sentence of forty-five years. The indictment included allegations of four prior DWI convictions, two of which were felonies, establishing jurisdiction and enhancing the charge. Massey pleaded not guilty but admitted to having two prior DWI convictions during the trial. After a brief jury deliberation, he was found guilty, and he opted for the trial court to determine his punishment, where he acknowledged the felony enhancement allegations. Appellate counsel filed a motion to withdraw, citing no non-frivolous grounds for appeal, in accordance with Anders v. California. The appeal was reviewed independently, including counsel’s brief and Massey’s pro se response, which revealed no arguable issues. The court determined the appeal to be frivolous and without merit, thus granting counsel’s motion to withdraw and affirming the trial court's judgment. The decision was delivered on March 30, 2017, by Chief Justice Terrie Livingston and a panel including Justices Walker and Meier.