Melba Winthrop v. State

• Court: Court of Appeals of Texas
• Decided: September 30, 2008
• Docket: 06-08-00075-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-08-00075-CR

MELBA WINTHROP, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 217th Judicial District Court

Angelina County, Texas

Trial Court No. 25,168

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Melba Winthrop appeals from the revocation of her community supervision. ⁽¹⁾ The trial court sentenced Winthrop to two years' confinement in a state jail facility. Winthrop was represented by the same appointed counsel both at trial and on appeal. Winthrop's attorney has filed a brief in which he concludes that the appeal is frivolous and without merit, after a review of the record and the related law.

Counsel states that he has studied the record and finds no error preserved for appeal that could be successfully argued. The brief contains a professional evaluation of the record and advances three arguable grounds for review. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978).

Counsel mailed a copy of the brief to Winthrop on August 5, 2008, informing Winthrop of her right to examine the entire appellate record and to file a pro se response. Counsel simultaneously filed a motion with this Court seeking to withdraw as counsel in this appeal. Winthrop filed her pro se response September 8, 2008.

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).

We affirm the trial court's judgment. ⁽²⁾

Jack Carter

Justice

Date Submitted: September 29,2008

Date Decided: September 30, 2008

Do Not Publish

1. This appeal was transferred to this Court pursuant to the Texas Supreme Court's docket equalization program.

2.

Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel's request to withdraw from further representation of Winthrop in this case. No substitute counsel will be appointed. Should Winthrop wish to seek further review of this case by the Texas Court of Criminal Appeals, Winthrop must either retain an attorney to file a petition for discretionary review or Winthrop 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 this opinion or the last timely motion for rehearing that was overruled by this Court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed with this Court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest of the filings in this case. 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.

er 29, 2005

Date Decided:         October 27, 2005

Do Not Publish