Lavert Lamont Hawkins v. State

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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LAVERT LAMONT HAWKINS, No. 08-20-00004-CR
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Appellant, Appeal from the
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v. 106th District Court
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THE STATE OF TEXAS, of Dawson County, Texas 1
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Appellee. (TC# 17-7785)
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MEMORANDUM OPINION
This is an appeal from a judgment revoking community supervision. Lavert Lamont
Hawkins pleaded guilty to one count of assault (family violence) in 2017 and was sentenced to ten
years’ of community supervision. On November 20, 2019, the trial court issued an order revoking
community supervision based on several violations, including the use of alcohol and
methamphetamines and sentencing Hawkins to ten years’ in prison. We affirm.
Frivolous Appeal
Appellant’s court-appointed counsel has filed a brief in which he has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
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We hear this case on transfer from the Eleventh Court of Appeals. See TEX.R.APP.P. 41.3
California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), by presenting a professional
evaluation of the record demonstrating why, in effect, there are no arguable grounds to be
advanced. See In re Schulman, 252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)(“In Texas, an
Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it
must provide record references to the facts and procedural history and set out pertinent legal
authorities.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the
Court in writing that he has delivered a copy of counsel’s brief and the motion to withdraw to
Appellant, and he has advised Appellant of his right to review the record, file a pro se brief, and
to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App. 2014)(setting
forth duties of counsel). Counsel also provided Appellant with a copy of the appellate record in
compliance with Kelly. Appellant has not filed a pro se brief.
After carefully reviewing the record and counsel’s brief, we conclude that the appeal is
wholly frivolous and without merit. Further, we find nothing in the record that might arguably
support the appeal. The judgment of the trial court is affirmed.
August 26, 2020
YVONNE T. RODRIGUEZ, Justice
Before Alley, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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