Alton Joseph Jolivette v. State ( 2016 )

Opinion issued August 16, 2016
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-15-00672-CR
NO. 01-15-00673-CR
NO. 01-15-00674-CR
———————————
ALTON JOSEPH JOLIVETTE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 184th District Court
Harris County, Texas
Trial Court Case Nos. 1428510, 1428512, 1428708
MEMORANDUM OPINION
Appellant, Alton Joseph Jolivette, was found guilty by a jury of the offenses
of burglary of a habitation (trial court cause no. 1428708), evading arrest or detention
using a vehicle (trial court cause no. 1428510), and unlawful possession of a firearm
by a felon (trial court cause no. 1428512).1 Appellant pleaded true to enhancement
paragraphs in the indictments for burglary of a habitation and evading arrest. The
trial court assessed punishment at 45 years’ incarceration for the offense of burglary
of a habitation, 20 years’ incarceration for the offense of evading arrest, and 10
years’ incarceration for the offense of unlawful possession of a firearm, with the
sentences to run concurrently. Appellant timely filed a notice of appeal in each of
the underlying cases.
Appellant’s appointed counsel on appeal has filed a motion to withdraw, along
with a brief stating that the record presents no reversible error and the appeals are
without merit and are 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 us with references to the record
and legal authority. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v.
State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that she has
thoroughly reviewed the record and 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.).
1
See TEX. PENAL CODE ANN. §§ 30.02 (burglary of habitation) (West 2011); 38.04(a), (b)
(evading arrest or detention using a vehicle) (West Supp. 2015); 46.04(a) (unlawful
possession of firearm by felon) (West 2011).
2
We have independently reviewed the entire record in these appeals, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and the appeals are 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 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) (same); Mitchell, 193 S.W.3d at 155 (reviewing court
determines whether arguable grounds exist by reviewing entire record). We note that
an appellant may challenge a holding that there are no arguable grounds for appeal
by filing a petition for discretionary review in the Texas Court of Criminal Appeals.
See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgments of the trial court and grant counsel’s motion to
withdraw. Appointed counsel still has a duty to inform appellant of the result of these
appeals and that he may, on his own, pursue discretionary review in the Texas Court
of Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.
1997). Attorney Melissa Martin must immediately send appellant the required notice
and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).
3
PER CURIAM
Panel consists of Justices Higley, Bland, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
4