Thomas W. Smith v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 2, 2024
• Docket: 05-23-00711-CR
• Status: Published

Opinion

Affirm and Opinion Filed December 2, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00711-CR No. 05-23-00712-CR

THOMAS W. SMITH, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause Nos. 18-10184-86-F & 17-30092-86-F

MEMORANDUM OPINION Before Justices Molberg, Breedlove, and Kennedy Opinion by Justice Molberg Appellant Thomas Smith was indicted for possession of a controlled

substance, less than one gram, in cause numbers 18-10184-86-F and 17-30092-86-F.

Pursuant to a plea bargain, appellant pleaded guilty to the two offenses and was

sentenced to two years’ state jail in each cause; the trial court suspended the

sentences and placed appellant on community supervision for five years. Roughly

two years later, the State moved to revoke community supervision, alleging

appellant violated several conditions of probation. Appellant pleaded true to some

of the allegations, and after hearing evidence, the trial court found appellant had violated multiple conditions of probation. The trial court revoked appellant’s

community supervision and sentenced him to two years’ confinement in each cause,

with the sentences to run concurrently. Appellate counsel was appointed in the two

causes, and appeal to this Court was perfected.

Appellant’s court-appointed attorney has filed a motion to withdraw as

counsel for appellant in which he states he has reviewed the record and concluded

there are no arguable issues to support the appeal. He has also filed a brief

supporting the motion pursuant to Anders v. California, 386 U.S. 738 (1967). In

counsel’s motion to withdraw, he states he sent appellant a letter informing him of

his right to review a copy of the record and to a file a pro se brief. We also sent

appellant a letter informing of him of the same rights. Appellant has not filed a brief.

We must conduct our own review of the record and independently determine

if there are any arguable grounds for appeal. See id. at 744. If we conclude counsel

has exercised professional diligence in reviewing the record for error and agree the

appeal is frivolous, we should grant counsel’s motion to withdraw and affirm the

trial court’s judgment. In re Schulman, 252 S.W.3d 403, 409 (Tex. Crim. App. 2008)

(orig. proceeding).

Counsel’s brief presents a professional evaluation of the record demonstrating

why no arguable grounds for appeal exist, and we conclude it meets the requirements

of Anders. See High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.]

1978) (discussing minimum requirements for Anders briefs); Limauro v. State, 675

–2– S.W.3d 368, 372 (Tex. App.—Dallas 2023, no pet.) (stating that counsel must, when

utilizing the Anders procedure, “draft an exceptionally detailed account, providing

this court a roadmap explaining why, at each turn, there are only frivolous issues to

be raised on appeal”). We have independently reviewed the entire record before us.

We conclude there are no arguable grounds for review and the appeal is wholly

frivolous. See Anders, 386 U.S. at 744; Garner v. State, 300 S.W.3d 763, 767 (Tex.

Crim. App. 2009).

We grant counsel’s motion to withdraw and affirm the judgment.

/Ken Molberg/ KEN MOLBERG JUSTICE Do Not Publish Tex. R. App. P. 47.2(b). 230711F.U05 230712F.U05

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

THOMAS W. SMITH, Appellant On Appeal from the 86th Judicial District Court, Kaufman County, No. 05-23-00711-CR V. Texas Trial Court Cause No. 18-10184-86- THE STATE OF TEXAS, Appellee F. Opinion delivered by Justice Molberg. Justices Breedlove and Kennedy participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered this 2nd day of December, 2024.

–4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

THOMAS W. SMITH, Appellant On Appeal from the 86th Judicial District Court, Kaufman County, No. 05-23-00712-CR V. Texas Trial Court Cause No. 17-30092-86- THE STATE OF TEXAS, Appellee F. Opinion delivered by Justice Molberg. Justices Breedlove and Kennedy participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

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