Jessica Shanece Fisher v. State ( 2015 )

Opinion issued June 25, 2015
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-14-00469-CR
———————————
JESSICA SHANECE FISHER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Case No. 1406727
MEMORANDUM OPINION
Appellant, Jessica Shanece Fisher, pleaded guilty to the state jail felony
offense of credit card abuse. See TEX. PENAL CODE ANN. § 32.31(b)(1)(A) (West
2011). In accordance with appellant’s plea-bargain agreement with the State, the
trial court found sufficient evidence to find appellant guilty, but deferred making
any finding regarding appellant’s guilt and placed appellant on community
supervision for a period of three years. See TEX. CODE CRIM. PROC. ANN. art. 42.12
§ 5(a) (West Supp. 2014). The State then filed a motion to adjudicate appellant’s
guilt. See id. §§ 5(b), 21(e). Appellant pleaded not true to the alleged violations of
the terms of her community supervision. The trial court found the allegations true,
adjudicated appellant guilty, and sentenced appellant to two years’ imprisonment.
See id. §§ 5(b), 21(b), 23. Appellant timely filed a notice of appeal.
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 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 (Tex. Crim. App. 1978). Counsel indicates that he 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.).
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at
2
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 judgment of the trial court and grant counsel’s motion to
withdraw.1 Attorney Douglas B. Durham 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).
PER CURIAM
Panel consists of Justices Jennings, Bland, and Brown.
Do not publish. Tex. R. App. P. 47.2(b).
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).
3