Khutsana Kenya Davis v. State ( 2015 )

Opinion issued January 15, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00762-CR
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KHUTSANA KENYA DAVIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Case No. 1323141
MEMORANDUM OPINION
On October 13, 2011, appellant Khutsana Kenya Davis pleaded guilty to the
state-jail felony offense of possession of less than one gram of cocaine, TEX.
HEALTH & SAFETY CODE ANN. § 481.115(a), (b) (West. 2009), and she was placed
on two years’ deferred adjudication. On May 28, 2011, the State moved to
adjudicate, alleging that she had violated her terms of supervision. Specifically,
the State alleged that appellant failed drug tests on three different occasions, failed
to pay the required supervision fee, and failed to pay certain fines and court costs.
Appellant pleaded “true” to these violations.
The trial court assessed appellant’s punishment at 180 days’ state-jail
confinement. The trial court certified that this is not a plea-bargain case and that
appellant has the right to appeal. Appellant timely filed a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw,
along with an Anders brief stating that the record presents no reversible error and
that, therefore, the appeal is without merit and is frivolous. See Anders v.
California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Counsel’s brief meets the Anders
requirements by presenting a professional evaluation of the record and supplying
the court with references to the record and legal authority. See id. at 744; see also
High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates
that he has thoroughly reviewed the record and that he is unable to advance any
grounds of error that warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at
1400; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.]
2006, no pet.).
Counsel has informed us that he has forwarded a copy of the brief to
appellant and informed her of her right to file a response. See In re Schulman, 252
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S.W.3d 403, 408 (Tex. Crim. App. 2008). Furthermore, counsel has sent to
appellant a copy of the form that can be used to request the record. See Kelly v.
State, 436 S.W.3d 313, 322 (Tex. Crim. App. 2014). Appellant has not filed a
response.
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, that there are no arguable
grounds for review, and that therefore the appeal is frivolous. See Anders, 386
U.S. at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court—and not
counsel—determines, after full examination of proceedings, whether the appeal is
wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009)
(reviewing court must determine whether arguable grounds for review exist);
Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005); Mitchell, 193
S.W.3d at 155. An appellant may challenge a holding that there are no arguable
grounds for appeal by filing a petition for discretionary review in the Court of
Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw. 1 Attorney J. Sidney Crowley must immediately send the notice required
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that she may, on her own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Bledsoe, 178 S.W.3d at 826–27.
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by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the
Clerk of this Court. See TEX. R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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