Opinion
No. 06-15-00163-CR
02-10-2016
CHRISTOPHER WILLIAM MANN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 264th District Court Bell County, Texas
Trial Court No. 71362 Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Justice Moseley MEMORANDUM OPINION
Pursuant to a negotiated plea agreement, Christopher William Mann pled guilty to the offense of aggravated assault with a deadly weapon. Adjudication of guilt was deferred, however, and Mann was placed on a two-year period of community supervision.
Originally appealed to the Third Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to Section 73.001 of the Texas Government Code. See TEX. GOV'T CODE ANN. § 73.001 (West 2013). We are unaware of any conflict between precedent of the Third Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3.
Subsequently, the State moved to proceed with an adjudication of guilt, alleging that Mann violated various terms and conditions of his deferred adjudication community supervision. Mann pled "true" to each of the State's allegations that he had violated various terms and conditions of his community supervision. Consequently, the trial court found that Mann violated the terms and conditions of his community supervision, revoked his community supervision, adjudicated him guilty, and sentenced him to fourteen years' imprisonment. Mann appeals from the judgment of adjudication. Mann was represented by different appointed counsel at trial and on appeal.
Mann's appellate counsel filed a brief that outlined the procedural history of the case, provided a summary of the evidence elicited during the course of the trial court proceedings, and stated that counsel found no meritorious issues to raise on appeal. Meeting the requirements of Anders v. California, counsel has provided a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. Anders v. California, 386 U.S. 738, 743-44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); 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 mailed a copy of the brief to Mann on November 6, 2015, informing Mann of his right to file a pro se response and of his right to review the record. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. Mann has not filed a pro se response, nor has he requested an extension of time in which to file such a response.
We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
In the Anders context, once we determine that the appeal is without merit and is frivolous, we must either dismiss the appeal or affirm the trial court's judgment. See Anders, 386 U.S. 738.
We affirm the judgment of the trial court.
Since we agree this case presents no reversible error, we also, in accord with Anders, grant counsel's request to withdraw from further representation of appellant in this case. Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or appellant must file a pro se petition for discretionary review. Any petition for discretionary review 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. Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4. --------
Bailey C. Moseley
Justice Date Submitted: January 29, 2016
Date Decided: February 10, 2016 Do Not Publish