LAW.coLAW.co

Andrea Michelle Collard v. the State of Texas

2026-07-09

Authorities cited

Opinion

majority opinion

In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-25-00442-CR

ANDREA MICHELLE COLLARD, Appellant

V.

THE STATE OF TEXAS

On Appeal from County Criminal Court No. 7

Tarrant County, Texas

Trial Court No. 1881203

Before Kerr, Birdwell, and Womack, JJ.

Memorandum Opinion by Justice Womack

MEMORANDUM OPINION

I. INTRODUCTION

A jury convicted Andrea Michelle Collard of one Class B misdemeanor count of

criminal trespass, see Tex. Penal Code § 30.05, and the trial court assessed her

punishment at ninety days’ confinement, see id. § 12.22. The trial court suspended

imposition of the sentence and placed Collard on eighteen months’ community

supervision. See Tex. Code Crim. Proc. art. 42A.053.

II. BACKGROUND

Appellant’s court-appointed appellate attorney1 has filed a motion to withdraw

as counsel and a brief in support of that motion, representing that there are no

reversible, non-frivolous issues to be raised in this appeal. See Anders v. California,

386 U.S. 738, 744–45, 87 S. Ct. 1396, 1400 (1967). Counsel’s brief and motion meet

the requirements of Anders, which requires presenting a professional evaluation of the

record and demonstrating why there are no arguable grounds for appellate relief. Id.,

87 S. Ct. at 1400; see In re Schulman, 252 S.W.3d 403, 406–12 (Tex. Crim App. 2008)

(orig. proceeding). Appellant’s counsel provided her with a copy of the Anders brief

and motion to withdraw, notified Appellant of her right to file a pro se response in this

1

Two attorneys, Kevin C. Smith and Obinna Okeke, are signatories to Collard’s appellate brief; both have moved to withdraw. However, only Smith was appointed by the trial court, and Smith was the only signatory to the notice of appearance filed in this case.

2

court and to file a petition for discretionary review in the Court of Criminal Appeals

should this court agree that the appeal is frivolous, and provided her with a form motion

to access the appellate record. See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim.

App. 2014). Appellant has neither requested a copy of the record from this court nor

filed a response. The State filed a letter stating that it agreed with Appellant’s counsel

that there are no reversible, non-frivolous appellate issues and that it would not reply

to the Anders brief.

III. DISCUSSION

After an appellant’s court-appointed counsel both files a motion to withdraw on

the ground that an appeal is frivolous and fulfills the Anders requirements, we must

independently examine the record for any arguable ground for reversal that may be

raised on her behalf. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).

Only then may we grant counsel’s motion to withdraw. See Penson v. Ohio, 488 U.S. 75,

82–83, 109 S. Ct. 346, 351 (1988).

We have fulfilled our duty to independently examine the record. After reviewing

the appellate record and the Anders brief, we have determined that—but for one minor,

non-reversible error in the judgment—the appeal is wholly frivolous and without merit.

We delete from the judgment $7 of “Reimbursement Fees” assessed without

reference to a statutory basis. Chapter 102 of the Texas Code of Criminal Procedure

governs costs to be paid by convicted defendants. See Tex. Code Crim. Proc.

arts. 102.001–.073. Only statutorily authorized costs may be assessed against a criminal

3

defendant. See id. art. 103.002 (“An officer may not impose a cost for a service not

performed or for a service for which a cost is not expressly provided by law.”). Because

the record contains no bill of costs and assesses the reimbursement fee without a

statutory basis, we delete it from the judgment. See Johnson v. State, 423 S.W.3d 385, 389

(Tex. Crim. App. 2014).

Aside from this minor correction, our independent review reveals nothing that

might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex.

Crim. App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).

We grant counsel’s motion to withdraw.

IV. CONCLUSION

We modify the trial court’s judgment to delete the $7 reimbursement fee and

affirm the judgment as modified.

/s/ Dana Womack

Dana Womack

Justice

Do Not Publish

Tex. R. App. P. 47.2(b)

Delivered: July 9, 2026

4