Martrais Louis Strickland v. the State of Texas ( 2024 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    Nos. 04-23-00484-CR & 04-23-00485-CR
    Martrais Louis STRICKLAND,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 186th Judicial District Court, Bexar County, Texas
    Trial Court Nos. 2018-CR-4367 & 2018-CR-2012
    Honorable Kristina Escalona, Judge Presiding
    Opinion by:       Liza A. Rodriguez, Justice
    Sitting:          Luz Elena D. Chapa, Justice
    Irene Rios, Justice
    Liza A. Rodriguez, Justice
    Delivered and Filed: June 12, 2024
    AFFIRMED; MOTIONS TO WITHDRAW GRANTED
    On February 22, 2019, Martrais Louis Strickland pleaded nolo contendere to the offense
    of continuous family violence and was sentenced to six years in prison. His sentence was
    suspended, and he was placed on community supervision for six years. On the same day, Strickland
    pleaded nolo contendere to the offense of evading arrest with a vehicle and was sentenced to six
    years in prison. Again, his sentenced was suspended, and he was placed on community supervision
    for six years. Thereafter, the State filed motions to revoke and supplemental motions to revoke in
    each case. At a hearing, Strickland pleaded “true” to allegations that he had failed to report to his
    community supervision officer for specific months in 2021, 2022, and 2023. The trial court
    04-23-00484-CR & 04-23-00485-CR
    revoked Strickland’s community supervision in each case, sentenced him to five years in prison
    for each offense, and ordered the sentences to run concurrently. Strickland appealed.
    In each appeal, Strickland’s court-appointed appellate counsel filed a brief and a motion to
    withdraw in accordance with Anders v. California, 
    386 U.S. 738
     (1967). With citations to the
    record and legal authority, counsel’s briefs explain why no arguable points of error exist for review
    and conclude that these appeals are frivolous and without merit. See 
    id. at 744-45
    ; High v. State,
    
    573 S.W.2d 807
     (Tex. Crim. App. 1978). Counsel’s briefs satisfy the requirements of Anders. See
    386 U.S. at 744-45; High, 
    573 S.W.2d at 812-13
    . Strickland was provided with copies of the
    Anders briefs and was informed of his right to review the records and file his own briefs. See Kelly
    v. State, 
    436 S.W.3d 313
    , 319-20 (Tex. Crim. App. 2014). Additionally, counsel advised Strickland
    that if he wished to review the records, he needed to file motions in this court. Counsel provided
    Strickland with form motions for this purpose. See 
    id.
     However, Strickland never requested the
    records or filed his own briefs.
    We have reviewed counsel’s Anders briefs and the appellate records. We agree with
    counsel that these appeals are frivolous and without merit. Accordingly, we affirm the trial court’s
    judgments and grant counsel’s motions to withdraw. 1 See Nichols v. State, 
    954 S.W.2d 83
    , 85-86
    (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.).
    Liza A. Rodriguez, Justice
    DO NOT PUBLISH
    1
    No substitute counsel will be appointed. If Strickland would like to seek review by the Texas Court of Criminal
    Appeals, he 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 from the later of (1) the
    date of this opinion; or (2) the date the last timely motion for rehearing 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 Texas Court of Criminal Appeals. See
    TEX. R. APP. P. 68.3. Any petition for discretionary review should comply with the requirements of Texas Rule of
    Appellate Procedure 68.4. See TEX. R. APP. P. 68.4.
    -2-
    

Document Info

Docket Number: 04-23-00484-CR

Filed Date: 6/12/2024

Precedential Status: Precedential

Modified Date: 6/25/2024