Rodrekus Kentrell Ceasar v. the State of Texas ( 2024 )


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  •                     In the
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    No. 06-23-00194-CR
    RODREKUS KENTRELL CEASAR, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 6th District Court
    Lamar County, Texas
    Trial Court No. 29217
    Before Stevens, C.J., van Cleef and Rambin, JJ.
    Memorandum Opinion by Chief Justice Stevens
    MEMORANDUM OPINION
    Rodrekus Kentrell Ceasar pled guilty to possessing less than one gram of eutylone, a
    penalty group 2 controlled substance.           See TEX. HEALTH & SAFETY CODE ANN.
    § 481.103(a)(4)(B) (Supp.). As a result, the trial court found Ceasar guilty of this state jail
    felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.116(b). Pursuant to a plea-bargain
    agreement with the State, the trial court sentenced Ceasar to twenty-four months’ confinement in
    state jail but suspended the sentence in favor of placing Ceasar on community supervision for
    three years. When the State filed its first revocation motion, the trial court modified the terms
    and conditions of Ceasar’s community supervision to require him to perform community service
    “on the last Saturday of each month” and “to provide not less than 10 submitted applications”
    every two weeks “until he [became] gainfully employed.”          The State’s second revocation
    motion, at issue here, alleged that Ceasar violated those modified terms and conditions.
    At the revocation hearing, Ceasar pled true to the allegations in the State’s motion to
    revoke his community supervision. Accordingly, the trial court found the allegations true and
    sentenced Ceasar to twenty-four months’ confinement in state jail. Ceasar appeals.
    Ceasar’s attorney filed a brief stating that he reviewed the record and found no genuinely
    arguable issues that could be raised on appeal. The brief sets out the procedural history of the
    case and summarizes the evidence elicited during the course of the trial court proceedings. Since
    counsel provided a professional evaluation of the record demonstrating why there are no
    arguable grounds to be advanced, that evaluation meets the requirements of Anders v. California.
    Anders v. California, 
    386 U.S. 738
    , 743–44 (1967); In re Schulman, 
    252 S.W.3d 403
    , 406 (Tex.
    2
    Crim. App. 2008) (orig. proceeding); Stafford v. State, 
    813 S.W.2d 503
    , 509–10 (Tex. Crim.
    App. 1991); High v. State, 
    573 S.W.2d 807
    , 812–13 (Tex. Crim. App. [Panel Op.] 1978).
    Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal.
    On January 18, 2024, counsel mailed to Ceasar copies of the brief, the appellate record,
    and the motion to withdraw. Counsel informed Ceasar of his rights to review the record and file
    a pro se response. By letter dated January 17, this Court informed Ceasar that any pro se
    response was due on or before February 16. On February 26, this Court further informed Ceasar
    that the case would be set for submission on the briefs on March 18. Ceasar filed neither a pro se
    response nor a motion requesting an extension of time in which to file such a response.
    We have determined that this appeal is wholly frivolous.         We have independently
    reviewed the entire appellate record and, like counsel, have determined that no arguable issue
    supports an appeal. See Bledsoe v. State, 
    178 S.W.3d 824
    , 826–27 (Tex. Crim. App. 2005). In
    the Anders context, once we determine that the appeal is without merit, we must affirm the trial
    court’s judgment. See 
    id.
    3
    We affirm the judgment of the trial court.1
    Scott E. Stevens
    Chief Justice
    Date Submitted:            March 18, 2024
    Date Decided:              April 1, 2024
    Do Not Publish
    1
    Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel’s
    request to withdraw from further representation of appellant in this case. See Anders, 
    386 U.S. at 744
    . No substitute
    counsel will be appointed. Should appellant desire to seek further review of this case 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 (1) must be filed within thirty days from either the
    date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX.
    R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3,
    and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R.
    APP. P. 68.4.
    4
    

Document Info

Docket Number: 06-23-00194-CR

Filed Date: 4/1/2024

Precedential Status: Precedential

Modified Date: 4/3/2024