eLaws | Code of Federal Regulations | United States Code |
 All Courts
 State Courts
 Court of Appeals of Texas
 2015-05

Samuel Stephen Biggs v. State ( 2015 )


Menu:
 
  •                               Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00722-CR
Samuel S. BIGGS,
Appellant
v.
The STATE of Texas
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR1339W
Honorable Philip A. Kazen, Jr., Judge Presiding
Opinion by:      Luz Elena D. Chapa, Justice
Sitting:         Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 6, 2015
MOTION TO WITHDRAW GRANTED; AFFIRMED
Samuel S. Biggs appeals the judgment convicting him of assault of a family member by
choking or strangulation and sentencing him to ten years’ confinement. Biggs pled guilty to a
charge of assault of a family member in exchange for the State’s recommendation that adjudication
be deferred. Pursuant to the plea agreement, the trial court deferred adjudication and placed Biggs
on community supervision for a period of four years. The State later filed a motion to adjudicate
guilt, alleging Biggs violated various conditions of his community supervision. Biggs pled true to
one of the allegations. The trial court adjudicated Biggs guilty and sentenced him to ten years in
prison.
04-14-00722-CR
Biggs’s court-appointed appellate attorney filed a motion to withdraw and a brief in which
he raises three minimally arguable points of error, but nonetheless concludes this appeal is
frivolous and without merit. The brief meets the requirements of Anders v. California,
    386 U.S. 738 
    (1967), High v. State,
    573 S.W.2d 807 
    (Tex. Crim. App. 1978), and Gainous v. State,
    436 S.W.2d 137 
    (Tex. Crim. App. 1969). Counsel sent copies of the brief and motion to withdraw to
Biggs and informed Biggs of his rights in compliance with the requirements of Kelly v. State,
    436 S.W.3d 313 
    (2014). Appellant was advised of his right to review the appellate record and file a pro
se brief. In addition, counsel advised appellant to immediately file a motion in this court if he
wished to review the appellate record and enclosed a form motion for that purpose. Appellant did
not request access to the record.
After reviewing the record and counsel’s brief, we find no reversible error and agree with
counsel the appeal is wholly frivolous. See Bledsoe v. State,
    178 S.W.3d 824
    , 826-27 (Tex. Crim.
App. 2005). We therefore grant the motion to withdraw filed by Biggs’s counsel and affirm the
trial court’s judgment. See id.; Nichols v. State,
    954 S.W.2d 83
    , 86 (Tex. App.—San Antonio 1997,
no pet.); Bruns v. State,
    924 S.W.2d 176
    , 177 n.1 (Tex. App.—San Antonio 1996, no pet.). 1
Luz Elena D. Chapa, Justice
Do Not Publish
1
No substitute counsel will be appointed. Should Biggs wish to seek further review of this case by the Texas Court of
Criminal Appeals, Biggs must either retain an attorney to file a petition for discretionary review or file a pro se petition
for discretionary review. Any petition for discretionary review must be filed within thirty days after either this opinion
is rendered or the last timely motion for rehearing or motion for en banc reconsideration is overruled by this court.
See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Court of Criminal
Appeals. See
    id. R. 68.3. 
    Any petition for discretionary review must comply with the requirements of rule 68.4 of the
Texas Rules of Appellate Procedure. See
    id. R. 68.4. 
    -2-