Opinion
No. 06-19-00028-CR
11-06-2019
JEREMY LEE MCINTYRE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 8th Judicial District Court Hopkins County, Texas
Trial Court No. 1826844 Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION
Jeremy Lee McIntyre appeals the judgment of the trial court in Hopkins County adjudicating his guilt and revoking his community supervision on the underlying charge of assault against a family member alleging that he intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood of the victim, a third-degree felony. See TEX. PENAL CODE ANN. § 22.01(b)(2)(B). The revocation is based on McIntyre's plea of true to the alleged violation of his community supervision, a violation of a pending protective order. The trial court sentenced McIntyre to ten years' confinement, but assessed no fine or court costs.
The motion to revoke was filed December 31, 2018, alleging that McIntyre committed the violation on or about December 25, 2018, after having been placed on community supervision on December 18, 2018.
McIntyre's appellate counsel has filed a brief that discusses the record and reviews the trial proceedings in detail. After counsel's professional and thorough evaluation of the record, he has concluded that there are no arguable grounds to be advanced on appeal. This meets the requirements of Anders v. California, 386 U.S. 738, 743-44 (1967); Stafford v. State, 813 S.W.2d 503, 509-10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal.
Counsel mailed a copy of the brief, the motion to withdraw, and a complete copy of the appellate record to McIntyre on or about June 24, 2019, informing McIntyre of his right to file a pro se response and to petition the Texas Court of Criminal Appeals for review should this Court affirm the trial court's judgment. By letter dated September 11, 2019, this Court advised McIntyre that his pro se response, if any, was due on or before October 11, 2019. By letter dated October 14, 2019, this Court advised McIntyre that this case was set for submission on November 4, 2019. McIntyre did not file a pro se response to counsel's brief and did not request an extension of time to do so.
We have determined that this appeal is wholly frivolous. We have independently reviewed the appellate record and find no genuinely arguable issue. See Halbert v. Michigan, 545 U.S. 605, 623 (2005). We, therefore, agree with counsel's assessment that no arguable issue supports an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
We affirm the judgment of the trial court.
Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel's request to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should appellant desire to seek further review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4.
Josh R. Morriss, III
Chief Justice Date Submitted: November 4, 2019
Date Decided: November 6, 2019 Do Not Publish