Jonathan Webb v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00181-CR
Jonathan Webb, Appellant
v.
The State of Texas, Appellee
FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY,
NO. D-1-DC-20-907007, THE HONORABLE KAREN SAGE, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Jonathon Webb pleaded guilty to one count of the third-degree felony
offense of assault of a family/household member while having a previous conviction for assault
with family violence/household member. See Tex. Penal Code § 22.01(b)(2)(A). By order
signed August 4, 2020, his adjudication was ordered deferred under a plea agreement for a three-
year term of community supervision. The trial court denied a motion to revoke on July 13, 2021.
The State filed a motion to proceed with an adjudication of guilty on September 15, 2021. After
a hearing on March 1, 2022, the trial court found that Webb violated terms of his deferred-
adjudication community supervision, found him guilty of the offense, revoked his community
supervision, and assessed sentence at two years and six months in prison. He appeals.
Appellant’s court-appointed attorney has filed a motion to withdraw as counsel
along with a brief concluding that the appeal is frivolous and without merit. The brief meets the
requirements of Anders v. California by presenting a professional evaluation of the record
demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967);
Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 81-82 (1988). Appellant’s counsel has certified to this Court that he sent copies of
the motion and brief to appellant, advised appellant of his right to examine the appellate record
and file a pro se response, and provided a motion to assist appellant in obtaining the record. See
Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); see also Anders, 386 U.S.
at 744.
We have conducted an independent review of the record—including the record of
the plea and sentencing proceedings below and appellate counsel’s brief—and find no reversible
error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d
824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no
arguably meritorious grounds for review and that the appeal is frivolous.
We affirm the judgment and grant counsel’s motion to withdraw.
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Triana and Smith
Affirmed
Do Not Publish
Filed: November 17, 2022