Martrais Louis Strickland v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 12, 2024
• Docket: 04-23-00484-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

Nos. 04-23-00484-CR & 04-23-00485-CR

Martrais Louis STRICKLAND, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court Nos. 2018-CR-4367 & 2018-CR-2012 Honorable Kristina Escalona, Judge Presiding

Opinion by: Liza A. Rodriguez, Justice

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice

Delivered and Filed: June 12, 2024

AFFIRMED; MOTIONS TO WITHDRAW GRANTED

On February 22, 2019, Martrais Louis Strickland pleaded nolo contendere to the offense

of continuous family violence and was sentenced to six years in prison. His sentence was

suspended, and he was placed on community supervision for six years. On the same day, Strickland

pleaded nolo contendere to the offense of evading arrest with a vehicle and was sentenced to six

years in prison. Again, his sentenced was suspended, and he was placed on community supervision

for six years. Thereafter, the State filed motions to revoke and supplemental motions to revoke in

each case. At a hearing, Strickland pleaded “true” to allegations that he had failed to report to his

community supervision officer for specific months in 2021, 2022, and 2023. The trial court 04-23-00484-CR & 04-23-00485-CR

revoked Strickland’s community supervision in each case, sentenced him to five years in prison

for each offense, and ordered the sentences to run concurrently. Strickland appealed.

In each appeal, Strickland’s court-appointed appellate counsel filed a brief and a motion to

withdraw in accordance with Anders v. California, 386 U.S. 738 (1967). With citations to the

record and legal authority, counsel’s briefs explain why no arguable points of error exist for review

and conclude that these appeals are frivolous and without merit. See id. at 744-45; High v. State,

573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel’s briefs satisfy the requirements of Anders. See

386 U.S. at 744-45; High, 573 S.W.2d at 812-13. Strickland was provided with copies of the

Anders briefs and was informed of his right to review the records and file his own briefs. See Kelly

v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Additionally, counsel advised Strickland

that if he wished to review the records, he needed to file motions in this court. Counsel provided

Strickland with form motions for this purpose. See id. However, Strickland never requested the

records or filed his own briefs.

We have reviewed counsel’s Anders briefs and the appellate records. We agree with

counsel that these appeals are frivolous and without merit. Accordingly, we affirm the trial court’s

judgments and grant counsel’s motions to withdraw. 1 See Nichols v. State, 954 S.W.2d 83, 85-86

(Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—

San Antonio 1996, no pet.).

Liza A. Rodriguez, Justice

DO NOT PUBLISH

1 No substitute counsel will be appointed. If Strickland would like to seek review by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the later of (1) the date of this opinion; or (2) the date the last timely motion for rehearing 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. See TEX. R. APP. P. 68.3. Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure 68.4. See TEX. R. APP. P. 68.4.

-2-