Roosevelt Gordon v. State

• Court: Court of Appeals of Texas
• Decided: August 5, 2004
• Docket: 13-03-00475-CR
• Status: Published

Opinion

NUMBERS 13-03-474-CR & 13-03-475-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

ROOSEVELT GORDON,                                                             Appellant,

v.

THE STATE OF TEXAS,                                                             Appellee.

On appeal from the 130th District Court of Matagorda County, Texas.

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Garza

Memorandum Opinion by Justice Yañez

            Pursuant to a plea agreement, appellant, Roosevelt Gordon, pleaded guilty in cause

number 13-03-00474 to delivery of less than one gram of a controlled substance. In accordance with the plea agreement, the trial court assessed punishment at ten years imprisonment, suspended the order of confinement, and placed him on community supervision for ten years. Also, pursuant to a plea agreement, appellant pleaded guilty in cause number 13-03-00475 to delivery of less than one gram of a controlled substance. The trial court deferred adjudication and, in accordance with the plea agreement, placed appellant on deferred adjudication community supervision for a term of ten years to be served concurrently with cause number 13-03-00474.

          The State subsequently filed a motion in each cause to revoke appellant’s community supervision, and to adjudicate in cause number 13-03-00475. After hearing the motions and evidence presented, the trial court found that appellant had violated his community supervision, revoked appellant’s community supervision in both causes, adjudicated him guilty in cause number 13-03-00475, and sentenced him to ten years imprisonment for both offenses. The record contains the trial court’s certification that this case is not a plea-bargain case and the defendant has the right of appeal. See Tex. R. App. P. 25.2(a)(2).

A. Anders Brief

          Appellant’s attorney has filed a brief with this Court asserting there is no basis for appeal. See Anders v. California, 386 U.S. 738 (1967). According to the brief, counsel has reviewed the clerk’s record and reporter’s record and has concluded that appellant’s appeal is frivolous and without merit. See id. The brief meets the requirements of Anders as it presents a professional evaluation showing why there are no arguable grounds for advancing an appeal. See Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991). In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. 1978), counsel has carefully discussed why, under controlling authority, there are no errors in the trial court’s judgment. In the brief, appellant’s counsel states that he has informed appellant of his right to review the appellate record and to file a pro se brief. No such brief has been filed.

          Upon receiving a “frivolous appeal” brief, the appellate courts must conduct “a full examination of all the proceedings to decide whether the case is wholly frivolous.” Penson v. Ohio, 488 U.S. 75, 80 (1988); see Garza v. State, 126 S.W.3d 312, 313 (Tex. App.–Corpus Christi 2004, no pet.). We have carefully reviewed the appellate record and counsel’s brief. We find nothing in the record that might arguably support this appeal. We agree with appellant’s counsel that the appeal is wholly frivolous and without merit.

          The trial court’s judgment is affirmed.

B. Motion to Withdraw

          Additionally, counsel has requested to withdraw from further representation of appellant on this appeal. An appellate court may grant counsel's motion to withdraw filed in connection with an Anders brief. Moore v. State, 466 S.W.2d 289, 291 n.1 (Tex. Crim. App. 1971); see Stafford, 813 S.W.2d at 511. We grant counsel's motion to withdraw and order him to notify appellant of the disposition of his appeal and of the availability of discretionary review. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997) (per curiam).

                                                               LINDA REYNA YAÑEZ

                                                                           Justice

Do not publish. Tex. R. App. P. 47.2(b).

Memorandum opinion delivered and filed this the

5th day of August, 2004.