Alexander v. State

Full title: Trevin Darnell Alexander, Appellant v. The State of Texas, Appellee

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Dec 9, 2016

NO. 03-16-00503-CR (Tex. App. Dec. 9, 2016)

Opinion

NO. 03-16-00503-CR

12-09-2016

Trevin Darnell Alexander, Appellant v. The State of Texas, Appellee

Jeff Rose, Chief Justice

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 74716, HONORABLE JOHN GAUNTT, JUDGE PRESIDINGMEMORANDUM OPINION

Appellant Trevin Darnell Alexander appeals the revocation of his deferred adjudication community supervision and adjudication of guilt for possession of phencyclidine (PCP) less than one gram. See Tex. Health & Safety Code § 481.115. At a hearing on the motion to adjudicate, Alexander entered an open plea of true, and the district court assessed punishment at 12 months in state jail. The court certified that Alexander has the right of appeal.

Alexander's court-appointed attorney has filed a motion to withdraw supported by a brief addressing this appeal and concluding that this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record in this cause demonstrating why there are no arguable appellate grounds to be advanced. See id.; see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553, 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Counsel sent a copy of the brief to Alexander, advised him of his right to examine the appellate record in this cause and to file a pro se brief, and supplied Alexander with a form motion for pro se access to the appellate record. See Anders, 386 U.S. at 744; Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Alexander did not file a pro se brief and did not request an extension of time to do so.

We have reviewed the record in this cause and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that this appeal is frivolous. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.

/s/_________

Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Goodwin and Bourland Affirmed Filed: December 9, 2016 Do Not Publish