Rice Food Markets, Inc. D/B/A PriceBuster Foods v. Dorothy T. Ramirez
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Opinion
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
Appellant and appellee have filed motions for rehearing. Appellee has also filed a motion for reconsideration en banc and a remittitur of the amount suggested in our original opinion. We overrule the motions for rehearing and deny appellee's motion for reconsideration en banc. In consideration of appellee's remittitur, and in accordance with our original opinion, we reform the trial court's judgment to reflect that appellee recover judgment against appellant for the amount of $30,600 actual damages and $1,000 punitive damages. TRAP 46.3. As reformed, the trial court judgment is affirmed. TRAP 43.2(b).
Phil Johnson
Justice
Publish.
ed not true to the allegation that she violated her probation by committing the criminal offense of escape, but pled true to the nine remaining violations. At the conclusion of the hearing, the trial court found appellant had violated conditions of her community supervision and entered a judgment revoking her probation. The court ordered appellant serve the seven year sentence imposed upon her conviction. Appellant timely filed notice of appeal and the trial court appointed appellate counsel.
Counsel for appellant has filed a motion to withdraw and a brief in support pursuant to Anders v. California, 386 U.S. 738, 744-745, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which she certifies that she has searched the record and, in her professional opinion, under the controlling authorities and facts of this case, there is no reversible error or legitimate grounds upon which a non-frivolous appeal can arguably be predicated. Counsel thus concludes that the appeal is frivolous. Counsel has discussed why, under the controlling authorities, there are no arguably reversible errors in the trial court proceeding or judgment. See High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App. 1978).
Counsel has certified that a copy of the Anders brief and motion to withdraw have been served on appellant, and that counsel has appropriately advised appellant of her right to review the record and file a pro se response. Johnson v. State, 885 S.W.2d 641, 645 (Tex.App.-Waco 1994, pet. ref'd). By letter, this court also notified appellant of her opportunity to submit a response to the Anders brief and motion to withdraw filed by her counsel. Appellant has not filed a response.
In conformity with the standards set out by the United States Supreme Court, we will not rule on a motion to withdraw until we have independently examined the record. Nichols v. State, 954 S.W.2d 83, 86 (Tex.App.-San Antonio 1997, no pet.). If this court determines the appeal has merit, we will remand it to the trial court for appointment of new counsel. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991).
In her brief, counsel identifies legal sufficiency of the evidence to support the trial court's determination that appellant violated the terms and conditions of her community supervision as the sole potential issue on appeal. She then details the evidence presented by the State, concluding it was sufficient. Appellate review of a revocation order is limited to determining whether the trial court abused its discretion. Cardona v. State, 665 S.W.2d 492, 493 (Tex.Crim.App. 1984); Jackson v. State, 645 S.W.2d 303, 305 (Tex.Crim.App. 1983). The trial court abuses its discretion in revoking community supervision if the State fails to meet its burden of proof. Cardona, 665 S.W.2d at 493-94. In a revocation proceeding, the burden on the State is to prove, by a preponderance of the evidence, that appellant violated a condition of community supervision as alleged in the motion to revoke. Cobb v. State, 851 S.W.2d 871, 874 (Tex.Crim.App. 1993). When the State's motion alleges more than one violation, proof of any one violation will support revocation. Moses v. State, 590 S.W.2d 469, 470 (Tex.Crim.App.1979). A defendant's plea of true to an alleged violation, standing alone, is sufficient to support the revocation. Id. Appellant pled that nine of the ten violations alleged in the State's motion to revoke were true.
Our review of counsel's brief and the record convinces us that appellate counsel conducted a thorough review of the record. We have also made an independent examination of the entire record to determine whether there are any arguable grounds which might support the appeal. We agree with counsel that there are no meritorious grounds for review.
Accordingly, counsel's motion to withdraw is granted and we affirm the judgment of the trial court.
James T. Campbell
Do not publish.
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Rice Food Markets, Inc. D/B/A PriceBuster Foods v. Dorothy T. Ramirez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rice-food-markets-inc-dba-pricebuster-foods-v-doro-texapp-2001.