Frank Sablan Benavente v. State ( 2013 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00466-CR
Frank Sablan Benavente, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
NO. 69033, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Frank Sablan Benavente pleaded guilty to theft of property valued at over
$1,500 but less than $20,000, a state jail felony punishable by confinement for a minimum of
180 days and a maximum of 2 years and a fine not to exceed $10,000. See Tex. Penal Code Ann.
§§ 12.35, 31.03. The trial court deferred adjudicating guilt and placed appellant on three-years’
community supervision. See Tex. Code Crim. Proc. art. 42.12, § 5. After appellant failed to comply
with several conditions of community supervision, the State filed a motion to adjudicate guilt, and
following appellant’s pleas of true to each of the alleged violations, the trial court sentenced him to
10 months in state jail and imposed a fine of $350. See id.
Appellant’s court-appointed attorney has filed a motion to withdraw supported by a
brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of
Anders v. California by presenting a professional evaluation of the record demonstrating why there
are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967);
Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75
(1988).
Appellant was served a copy of counsel’s brief and was advised of his right to
examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner,
300 S.W.3d at 766. No pro se brief or other written response has been filed.
We have reviewed the record, including appellate counsel’s brief, and find no
reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State,
178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents
no arguably meritorious grounds for review and the appeal is frivolous. Counsel’s motion to
withdraw is granted. The judgment of conviction is affirmed.
____________________________________________
J. Woodfin Jones, Chief Justice
Before Chief Justice Jones, Justices Pemberton and Field
Affirmed
Filed: November 8, 2013
Do not publish
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