Derrick Alonzo Boutte v. State ( 2010 )

Opinion issued April 1, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00334-CR

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DERRICK ALONZO BOUTTE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas County, Texas

Trial Court Case No. 08-03772

MEMORANDUM OPINION

Appellant, Derrick Alonzo Boutte, pleaded guilty to the state jail felony offense of possession of a controlled substance, and in accordance with his plea bargain agreement with the State, the trial court sentenced appellant to confinement for two years and assessed a fine of $500.00.  The trial court then suspended the sentence of two years confinement and placed appellant on community supervision for a period of five years.  The trial court did not probate the fine.

The State subsequently filed a motion to revoke appellant’s community supervision to which appellant pleaded not true.  After a hearing, the trial court found to be true the State=s allegation that appellant had violated the conditions of his community supervision by committing an offense against the laws of this State, and sentenced appellant to confinement in the State Jail Division of the Texas Department of Corrections for two years. Appellant filed timely notice of appeal.

Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed.  See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal.  Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978).

          Counsel represents that he has served a copy of the brief on appellant.  Counsel also advised appellant of his right to examine the appellate record and file a pro se brief.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  More than 30 days have passed, and appellant has not filed a pro se brief.  Having reviewed the record and counsel’s brief, we agree that the appeal is frivolous and without merit and that there is no reversible error.  See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). 

          We affirm the judgment of the trial court and grant counsel’s motion to withdraw.[1]  Attorney Kevin Sekaly Cribbs 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.

          We deny as moot any pending motions.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Higley.

Do not publish.  Tex. R. App.

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[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 Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).