Deborah Ann Brooks A/K/A Deborah Ann Bradley v. State ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00443-CR
DEBORAH ANN BROOKS A/K/A APPELLANT
DEBORAH ANN BRADLEY
V.
THE STATE OF TEXAS STATE
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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
TRIAL COURT NO. CR10794
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MEMORANDUM OPINION1
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Pursuant to a plea bargain, Appellant Deborah Ann Brooks a/k/a Deborah
Ann Bradley pleaded guilty to credit card abuse, a state-jail felony. See Tex.
Penal Code Ann. § 32.31 (West 2011). In accordance with the terms of the plea
bargain, the trial court placed her on four years’ deferred-adjudication community
supervision. One of the conditions was that Brooks serve thirty days in jail.
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See Tex. R. App. P. 47.4.
The State subsequently filed a petition to proceed to adjudication, alleging
Brooks had violated several conditions of her community supervision, including
using methamphetamine on multiple occasions. The trial court extended
Brooks’s community supervision by one year and amended her community-
supervision conditions, adding that she complete a substance abuse felony
program (SAFP) followed by an alcohol abuse continuum of care treatment plan.
The amended conditions also required that Brooks remain in the county jail until
her placement in the SAFP facility.
The State thereafter filed another petition to proceed to adjudication, citing
several new violations, including new uses of methamphetamine. Brooks
pleaded true to the allegations, and the trial court adjudicated her guilty of credit
card abuse and sentenced her to twenty-four months’ imprisonment. This appeal
followed.
Brooks’s court-appointed counsel has filed a motion to withdraw as
counsel and a brief in support of that motion. Counsel’s brief and motion meet
the requirements of Anders v. California by presenting a professional evaluation
of the record demonstrating why there are no arguable grounds for relief. See
386 U.S. 738, 87 S. Ct. 1396 (1967). In compliance with Kelly v. State, counsel
notified Brooks of his motion to withdraw, provided her a copy of the brief,
informed her of her right to file a pro se response, informed her of her pro se right
to seek discretionary review should this court hold the appeal is frivolous, and
took concrete measures to facilitate her review of the appellate record by
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providing her with a copy of the clerk’s and reporter’s records. See 436 S.W.3d
313, 319 (Tex. Crim. App. 2014).
As the reviewing court, we must conduct an independent evaluation of the
record to determine whether counsel is correct in determining that the appeal is
frivolous. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991);
Mays v. State, 904 S.W.2d 920, 923 (Tex. App.—Fort Worth 1995, no pet.). Only
then may we grant counsel’s motion to withdraw. See Penson v. Ohio, 488 U.S.
75, 82–83, 109 S. Ct. 346, 351 (1988).
Brooks filed a pro se brief, arguing in one point that the trial court failed to
give her credit for all the jail time that she had served. Brooks references three
confinement periods that she contends were not credited toward her sentence:
the thirty days implemented as a condition of her community supervision, the one
month and eighteen days in which she was confined while awaiting placement in
the SAFP facility, and the time she spent in the continuum of care. All three of
those periods were conditions of Brooks’s community supervision and, as such,
not usable for credit against Brooks’s sentence; a trial court is not to credit
“confinement served as a condition of community supervision[.]” Tex. Code
Crim. Proc. Ann. art. 42.03, § 2(a)(1) (West Supp. 2014); see Ex parte Walker,
150 S.W.3d 429, 431 (Tex. Crim. App. 2004).
We have carefully reviewed the record and counsel’s brief. We agree with
counsel that this appeal is wholly frivolous and without merit; we find nothing in
the record that arguably might support an appeal. See Bledsoe v. State, 178
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S.W.3d 824, 827–28 (Tex. Crim. App. 2005). Accordingly, we grant counsel’s
motion to withdraw and affirm the trial court’s judgment.
/s/ Sue Walker
SUE WALKER
JUSTICE
PANEL: LIVINGSTON, C.J.; DAUPHINOT and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 28, 2015
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