Danrek Demone Thompson v. State ( 2010 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-09-229-CR
DANREK DEMONE THOMPSON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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On February 15, 2008, Appellant Danrek Demone Thompson pled guilty
pursuant to a plea bargain to possession of a controlled substance (cocaine) in the
amount of one gram or more but less than four grams. The trial court placed him on
three years’ deferred adjudication community supervision. On May 22, 2009, the
State filed an amended petition to proceed to adjudication, alleging that Appellant
had violated the terms and conditions of his community supervision by:
1
 See Tex. R. App. P. 47.4.
• testing positive for tetrahydrocannabinol (THC) on three separate occasions,
• testing positive for both THC and morphine on one occasion,
• testing positive for alcohol on one occasion,
• being unsuccessfully discharged from outpatient counseling,
• failing to report to his probation officer in three separate months,
• failing to pay crime stoppers and community supervision fees,
• submitting a diluted urine specimen on two separate occasions, and
• failing to submit urine tests on seven separate occasions.
Appellant pled true to all allegations and also signed a judicial confession
stating that he had committed each and every act alleged in the amended petition.
After hearing the evidence, the trial court found all the allegations except those
involving fees true, adjudicated Appellant’s guilt, and sentenced him to eight years’
confinement.
Appellant’s court-appointed appellate counsel has filed a motion to withdraw
as counsel and a brief in support of that motion. In the brief, counsel avers that, in
his professional opinion, this appeal is frivolous. Counsel’s brief and motion meet
the requirements of Anders v. California 2 by presenting a professional evaluation of
the record demonstrating why there are no arguable grounds for relief. 3 This court
afforded Appellant the opportunity to file a brief on his own behalf, but he did not.
2
 386 U.S. 738, 87 S. Ct. 1396 (1967).
3
 See Mays v. State, 904 S.W .2d 920, 922–23 (Tex. App.—Fort W orth 1995,
no pet.).
2
Once an appellant’s court-appointed counsel files a motion to withdraw on the
ground that the appeal is frivolous and fulfills the requirements of Anders, we are
obligated to undertake an independent examination of the record to see if there is
any arguable ground that may be raised on his behalf. 4 Only then may we grant
counsel’s motion to withdraw. 5
W e have carefully reviewed the record and counsel’s brief. W e agree with
counsel that the appeal is wholly frivolous and without merit. W e find nothing in the
record that might arguably support the appeal. 6 Consequently, we grant the motion
to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: DAUPHINOT, W ALKER, and MCCOY, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: April 29, 2010
4
 See Stafford v. State, 813 S.W .2d 503, 511 (Tex. Crim. App. 1991); Mays,
904 S.W .2d at 923.
5
 See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
6
 See Bledsoe v. State, 178 S.W .3d 824, 827 (Tex. Crim. App. 2005).
3