Opinion
NO. 03-19-00123-CR
04-14-2020
Troy Allen Blakely a/k/a Troy Allen Blakeley, Appellant v. The State of Texas, Appellee
FROM THE 26TH DISTRICT COURT OF WILLIAMSON COUNTY
NO. 12-0607-K277 , THE HONORABLE DONNA GAYLE KING, JUDGE PRESIDING MEMORANDUM OPINION
Appellant Troy Allen Blakely was charged with the offense of sexual assault of a child. See Tex. Penal Code § 22.011. Blakely pleaded guilty, and the trial court placed him on deferred adjudication community supervision for eight years. The State later moved to revoke Blakely's community supervision and to adjudicate his guilt based on alleged violations of the terms of his community supervision. After Blakely pleaded true to several of the allegations in the State's motion to adjudicate, the trial court adjudicated him guilty of the offense and assessed punishment at fifteen years' confinement in the Institutional Division of the Texas Department of Criminal Justice.
Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).
Appellant's counsel has represented to the Court that he has provided copies of the motion and brief to appellant; advised appellant of his right to examine the appellate record and file a pro se response; and provided appellant with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. To date, appellant has not requested access to the appellate record or filed a pro se response.
We have conducted an independent review of the record, including appellate counsel's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.
Counsel's motion to withdraw is granted. The trial court's judgment adjudicating guilt is affirmed.
/s/_________
Chari L. Kelly, Justice Before Justices Goodwin, Kelly, and Smith Affirmed Filed: April 14, 2020 Do Not Publish