Tony James Edwards v. State ( 2014 )

Opinion issued November 4, 2014
In The
Court of Appeals
For The
First District of Texas
NO. 01-14-00342-CR
____________
TONY JAMES EDWARDS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 1189878
MEMORANDUM OPINION
Appellant, Tony James Edwards, pled guilty the offenses of murder and
possession of a controlled substance. The trial court judge deferred adjudication on
the murder charge and appellant was placed on community supervision for 10 years.
This was to run concurrently with a sentence of 10 years’ imprisonment for the
possession charge. Following a hearing on State’s Amended Motion to Adjudicate
Guilt on alleged violations of probation, the trial court revoked appellant’s
probation and sentenced him to 20 years’ imprisonment. Appellant here appeals
from the Judgment Adjudicating Guilt of April 21, 2014.
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
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 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, 812–13 (Tex. Crim. App. 1978). Counsel indicates that she has
thoroughly reviewed the record and that she 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 she has delivered a copy of the brief to
appellant and informed him of his right to examine the appellate record and to file a
response. See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).
Appellant has not filed a response.
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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 appeal is wholly
frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009)
(explaining that frivolity is determined by considering whether there are “arguable
grounds” for review); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App.
2005) (reviewing court must determine whether arguable grounds for review exist);
Mitchell, 193 S.W.3d at 155 (reviewing court determines whether arguable grounds
exist by reviewing entire record). 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 Angela Cameron must immediately send the notice required
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).
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
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).
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PER CURIAM
Panel consists of Justices Massengale, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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