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Brandon Duane Tosh v. the State of Texas
Citation: Not availableDocket: 07-21-00139-CR
Court: Court of Appeals of Texas; July 18, 2022; Texas; State Appellate Court
Original Court Document: View Document
Brandon Duane Tosh appealed his conviction for fraudulent possession of identifying information, a state jail felony, after being sentenced to one year of confinement. The case arose when Adriana Angel lost her wallet at a gas station, which was picked up by James Akridge, a passenger in a white SUV in which Tosh was also a passenger. Akridge and Tosh were seen discussing how to access Angel's checks and credit cards after Akridge handed Tosh a checkbook belonging to Angel. When Angel reported her missing wallet, police reviewed surveillance footage and stopped the SUV, where Akridge returned the wallet and consented to a search. Officers found Angel's checkbook in the vehicle. Tosh's counsel filed an Anders brief, indicating no reversible errors were found after a thorough review of the record. The court granted the motion to withdraw and affirmed the trial court's judgment, concluding there were no non-frivolous issues for appeal. Tosh was advised of his right to file a pro se response, which he did, but the court found no plausible grounds for appellate review. Counsel must notify Tosh of the opinion and his right to file a pro se petition for discretionary review within five days.