Trevin Darnell Alexander v. State ( 2016 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00503-CR
Trevin Darnell Alexander, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 74716, HONORABLE JOHN GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Trevin Darnell Alexander appeals the revocation of his deferred
adjudication community supervision and adjudication of guilt for possession of phencyclidine (PCP)
less than one gram. See Tex. Health & Safety Code § 481.115. At a hearing on the motion to
adjudicate, Alexander entered an open plea of true, and the district court assessed punishment at
12 months in state jail. The court certified that Alexander has the right of appeal.
Alexander’s court-appointed attorney has filed a motion to withdraw supported by a
brief addressing this appeal and concluding that this appeal is frivolous and without merit. The
brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a
professional evaluation of the record in this cause demonstrating why there are no arguable appellate
grounds to be advanced. See id.; see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State,
573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim.
App. 1974); Jackson v. State, 485 S.W.2d 553, 553 (Tex. Crim. App. 1972); Gainous v. State,
436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Counsel sent a copy of the brief to Alexander,
advised him of his right to examine the appellate record in this cause and to file a pro se brief,
and supplied Alexander with a form motion for pro se access to the appellate record. See Anders,
386 U.S. at 744; Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Alexander did not
file a pro se brief and did not request an extension of time to do so.
We have reviewed the record in this cause and find no reversible error. See Garner
v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27
(Tex. Crim. App. 2005). We agree with counsel that this appeal is frivolous. Counsel’s motion to
withdraw is granted. The judgment of conviction is affirmed.
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Goodwin and Bourland
Affirmed
Filed: December 9, 2016
Do Not Publish
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