Opinion
NO. 09-19-00337-CR
09-16-2020
JIMMY LECHINGER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 253rd District Court Liberty County, Texas
Trial Cause No. CR28635
MEMORANDUM OPINION
The State indicted Jimmy Lechinger for Sexual Performance by a Child, a second-degree felony. See Tex. Penal Code Ann. § 43.25. On August 2, 2011, Lechinger was placed on deferred adjudication for ten years. On January 22, 2019, the State moved to revoke Lechinger's unadjudicated community supervision and later amended their motion. Subsequently, the trial court held a hearing on the State's motion to revoke Lechinger's unadjudicated community supervision. At the hearing, Lechinger pled true to one of the State's alleged violations and not true to the remaining allegations. After a bench trial, the trial court found "True" the allegations in counts 5, 6 only as to the "August 2018 allegation[,]" 7, 9, 10 "with the exception of the October 2018 date", and 11 "as to the 2018 where [Lechinger] only made 13 of the 16 counseling sessions[.]" The trial court sentenced Lechinger to twenty years of confinement in the Institutional Division of the Texas Department of Criminal Justice. The trial court certified that this was not a plea-bargain case and Lechinger had the right of appeal. Lechinger timely appealed.
We cite the current version of the statutes as any amendments do not impact the outcome of Lechinger's appeal.
We note that in response to defense counsel's objection, some allegations raised by the State in its motion to revoke unadjudicated community supervision were barred by "collateral estoppel and res judicata[,]" the State abandoned allegations 1, 2, 3, 4, 6 "except for the August date[,]" and 8.
The attorney appointed to represent Lechinger in his appeal filed an Anders brief which asserted that the attorney diligently reviewed the record and found no meritorious claims on which to appeal Lechinger's sentence and that any appeal would be frivolous. See Anders v. California, 386 U.S. 738, 744-45 (1967); High v. State, 573 S.W.2d 807, 810-13 (Tex. Crim. App. [Panel Op.] 1978). Counsel served Lechinger with a copy of the Anders brief filed on his behalf. This Court notified Lechinger of his right to file a pro se response, as well as the deadline for doing so. This Court did not receive a pro se response.
We have independently reviewed the record, and we agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record that arguably might support an appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (stating that the reviewing court must determine whether arguable grounds for review exist).
The Court concludes it is unnecessary to order appointment of new counsel to re-brief this appeal. Cf. id. As no arguable grounds exist to support the appeal, we affirm the trial court's judgment.
AFFIRMED.
/s/_________
CHARLES KREGER
Justice Submitted on July 30, 2020
Opinion Delivered September 16, 2020
Do Not Publish Before Kreger, Horton and Johnson, JJ.