Joshua Terrell v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00210-CR
JOSHUA TERRELL,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 52nd District Court
Coryell County, Texas
Trial Court No. 12-21164
MEMORANDUM OPINION
Joshua Terrell entered a plea of guilty to the offense of aggravated sexual assault
of a child. The trial court deferred adjudication of guilt and placed Terrell on community
supervision for 10 years and assessed a $5,000 fine. On February 22, 2018, the State filed
a Motion to Adjudicate Guilt and Revoke Community Supervision. Terrell entered a plea
of true to three of the allegations in the State’s Motion to Adjudicate. The trial court found
the allegations to be true, convicted Terrell of the offense of aggravated assault of a child,
and assessed punishment at 15 years confinement. We affirm.
Terrell’s appointed counsel filed an Anders brief asserting that he has diligently
reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders
v. California, 386 U.S. 738 (1967). Counsel informed Terrell of his right to submit a brief
on his own behalf. Terrell 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 judgment.
Counsel's request that he be allowed to withdraw from representation of Terrell is
granted. Additionally, counsel must send Terrell a copy of our decision, notify Terrell of
his right to file a pro se petition for discretionary review, and send this Court a letter
Terrell v. State Page 2
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 December 5, 2018
Do not publish
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