Opinion
No. 04-16-00449-CR
05-10-2017
Eugene TIDWELL, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR4975
Honorable Lorina I. Rummel, Judge Presiding Opinion by: Patricia O. Alvarez, Justice Sitting: Sandee Bryan Marion, Chief Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice AFFIRMED
Appellant Eugene Tidwell was charged by indictment with one count of sexual assault of a child, alleged to have been committed on April 17, 2011. On December 18, 2013, pursuant to a plea agreement with the State, Tidwell was sentenced to three years' deferred adjudication community supervision and a $1,500.00 fine. On August 9, 2016, following Tidwell's plea of true to violating a condition of probation, the trial court revoked his community supervision, adjudicated Tidwell guilty of the charged offense, and sentenced Tidwell to eight years' confinement in the Institutional Division of the Texas Department of Criminal Justice and a fine of $1,500.00. This appeal ensued.
COURT-APPOINTED APPELLATE COUNSEL'S ANDERS BRIEF
Tidwell's court-appointed appellate attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967); counsel also filed a motion to withdraw. In appellate counsel's brief, he recites the relevant facts with citations to the record, analyzes the record with respect to allegations and the evidence presented at trial, and accompanies the analysis with relevant legal authorities. Counsel concludes the appeal is frivolous and without merit. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.).
We conclude the briefs meet the Anders requirements. See Anders, 386 U.S. at 744; see also High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978); Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Counsel provided Tidwell with a copy of the brief and counsel's motion to withdraw, and informed Tidwell of his right to review the record and file a pro se brief. See Nichols, 954 S.W.2d at 85-86; see also Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). This court also advised Tidwell of his right to request a copy of the record and file a brief. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). No additional briefing was filed in this court.
CONCLUSION
Having reviewed the entire record and court-appointed counsel's Anders brief, we agree with Tidwell's court-appointed appellate counsel that there are no arguable grounds for appeal and the appeal is wholly frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We affirm the trial court's judgment and grant appellate counsel's motion to withdraw. See Nichols, 954 S.W.2d at 85-86; Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should Tidwell wish 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 he must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either (1) this opinion or (2) the last timely motion for rehearing or motion for en banc reconsideration is 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. Id. R. 68.3(a). Any petition for discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. Id. R. 68.4.
Patricia O. Alvarez, Justice DO NOT PUBLISH