Earnest J. Owens v. State

IN THE
TENTH COURT OF APPEALS
No. 10-17-00352-CR
No. 10-17-00353-CR
EARNEST J. OWENS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 13th District Court
Navarro County, Texas
Trial Court Nos. D35341-CR & D35328-CR
MEMORANDUM OPINION
Earnest Owens entered a plea of not guilty to two offenses of possession of a
controlled substance. The trial court deferred adjudication of guilt and placed Owens on
community supervision for five years and assessed a $500 fine for each offense. On May
19, 2017, the State filed an Application to Proceed to Final Adjudication. The State then
filed an amended Application to Proceed to Final Adjudication on June 28, 2017. Owens
pleaded true to the allegations in the State’s Application to Proceed to Final Adjudication.
The trial court found the allegations to be true, convicted Owens of the offenses of
possession of a controlled substance, and assessed punishment at five years confinement
and a $500 fine for each offense. The trial court suspended the imposition of the
confinement portion of the sentence and placed Owens on community supervision for
five years. We affirm.
Owens’s appointed counsel filed an Anders brief asserting that she has diligently
reviewed the appellate record and that, in her opinion, the appeal is frivolous. See Anders
v. California, 386 U.S. 738 (1967). Counsel informed Owens of his right to submit a brief
on his own behalf. Owens did not file a brief. Counsel's brief evidences a professional
evaluation of the record for error, and we conclude that counsel performed the duties
required of appointed counsel. See Anders v. California, 386 U.S. at 744; High v. State, 573
S.W.2d 807, 812 (Tex. Crim. App. 1978); see also In re Schulman, 252 S.W.3d 403, 407 (Tex.
Crim. App. 2008).
In reviewing an Anders appeal, we must, "after a full examination of all the
proceedings, ... decide whether the case is wholly frivolous." See Anders v. California, 386
U.S. at; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal
is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v.
Court of Appeals, 486 U.S. 429, 439 n. 10 (1988). After a review of the entire record in this
appeal, we determine the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d
824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the trial court's judgments.
Owens v. State Page 2
Counsel's request that she be allowed to withdraw from representation of Owens
is granted. Additionally, counsel must send Owens a copy of our decision, notify Owens
of his right to file a pro se petition for discretionary review, and send this Court a letter
certifying counsel's compliance with Texas Rule of Appellate Procedure 48.4.
TEX.R.APP.P. 48.4; see also In re Schulman, 252 S.W.3d at 409 n.22.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed; motion granted
Opinion delivered and filed February 21, 2018
Do not publish
[CR25]
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