Opinion
NO. 03-14-00064-CRNO. 03-14-00065-CR
02-27-2015
Julie Ann Martinez, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 391ST JUDICIAL DISTRICT
NOS. D-09-0032-SA & D-13-0127-SB
HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Julie Ann Martinez was charged in 2009 with the offense of forgery of a financial instrument. See Tex. Penal Code § 32.21(d). Appellant pleaded guilty and was placed on deferred adjudication probation for three years, along with imposition of a fine and restitution. Appellant's probation was twice extended before the State filed a motion to revoke deferred adjudication and to proceed to adjudicate guilt. This case was heard in conjunction with a new charge against appellant for state jail felony theft. Appellant entered a guilty plea to the new theft charge and pleaded true to six of the seven allegations in the motion to adjudicate guilt. After a bench trial, the trial court sentenced appellant to 545 days in the State Jail 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 appeals are 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 Anders v. California, 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 the appellant; advised appellant of her right to examine the appellate record, file a pro se brief, and pursue discretionary review following dismissal of this appeal as frivolous; 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. We have not received a pro se brief from the appellant.
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 appeals are frivolous.
Counsel's motion to withdraw is granted. The judgments of conviction are affirmed.
/s/_________
Scott K. Field, Justice
Before Chief Justice Rose, Justices Goodwin and Field Affirmed Filed: February 27, 2015 Do Not Publish