Opinion
No. 08-19-00173-CR
05-06-2020
JESSICA RENAE WHITE, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 266th District Court Of Erath County, Texas (TC#CR15044) MEMORANDUM OPINION
Jessica Renae White was placed on five years' of community supervision after she pled guilty to possession of a controlled substance, Methamphetamine, less than one gram. Nine months later, the State filed a motion to revoke alleging that Appellant had violated the conditions of supervision. Appellant pled true to the State's allegations. At the hearing, the State posited Appellant should complete the Substance Abuse Felony Program (SAFP) if her probation was to be continued. Appellant asked the trial court to reinstate her probation. The trial court granted the State's motion to revoke, revoked Appellant's community supervision, and assessed Appellant's punishment at two years' confinement. We affirm.
We hear this case on transfer from the Eleventh Court of Appeals in Eastland. See TEX.R.APP.P. 41.3.
FRIVOLOUS APPEAL
Appellant's court-appointed counsel has filed a brief in which she has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See In re Schulman, 252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)("In Texas, an Anders brief need not specifically advance 'arguable' points of error if counsel finds none, but it must provide record references to the facts and procedural history and set out pertinent legal authorities."); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the Court in writing that she has delivered a copy of counsel's brief and the motion to withdraw to Appellant, and she has advised Appellant of her right to review the record, file a pro se brief, and to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App. 2014)(setting forth duties of counsel). Counsel also provided Appellant with a copy of the appellate record in compliance with Kelly. Appellant has not filed a pro se brief.
After carefully reviewing the record and counsel's brief, we conclude that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment of the trial court is affirmed. May 6, 2020
YVONNE T. RODRIGUEZ, Justice Before Alley, C.J., Rodriguez, and Palafox, JJ. (Do Not Publish)