Robert Rawlinson, Jr. v. The State of Texas--Appeal from 242nd District Court of Hale County
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NO. 07-09-0328-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
MARCH 30, 2010
______________________________
ROBERT RAWLINSON, JR.,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_______________________________
FROM THE 242nd DISTRICT COURT OF HALE COUNTY;
NO. B16043-0505; HON. ED SELF, PRESIDING
_______________________________
Anders Opinion
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Robert Rawlinson, Jr. (appellant) appeals an order revoking his probation and
ordering that he serve two years in a state jail facility. He had previously pled guilty to
burglary of a building and was placed on two years deferred adjudication probation.
The State subsequently filed a motion to adjudicate appellant’s guilt, which the trial
court granted, and sentenced appellant to two years in a state jail facility. However, the
court suspended sentence and placed appellant on community supervision for five
years. The State, again, filed a motion alleging appellant had violated his community
supervision. The trial court revoked appellant’s probation and sentenced him to two
years in a state jail facility. His appellate counsel moved to withdraw and filed an
Anders1 brief in conjunction with that motion. In the brief, he represents that, after
conducting a diligent search, he found no meritorious issues warranting appeal. Along
with his brief, appellate counsel sent appellant a letter informing him of his conclusions
and his right to file a pro se response or brief. We too informed appellant, by letter, of
his right to appear via a pro se response or brief no later than March 22, 2010. To date,
no response has been filed.
In compliance with the principles enunciated in Anders, appellate counsel
illustrated why the appeal was meritless. Appellant pled true to the allegations in the
State’s motion.
A plea of true standing alone supports a decision to revoke probation
or adjudicate guilt. Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. 1979). We
have also conducted our own review of the record, pursuant to Stafford v. State, 813
S.W.2d 503 (Tex. Crim. App. 1991), to assess the accuracy of appellate counsel’s
conclusions and to uncover any error. That review failed to reveal any error.
Accordingly, the motion to withdraw is granted, and the judgment is affirmed.2
Brian Quinn
Chief Justice
Do not publish.
1
Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
2
Appellant has the right to file a pro se petition for discretionary review from this opinion.
2
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