Ronald Wayne Jackson, Jr. v. The State of Texas--Appeal from 54th District Court of McLennan County (majority)
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IN THE TENTH COURT OF APPEALS No. 10-11-00412-CR RONALD WAYNE JACKSON, JR., Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court No. 2008-1055-C2 MEMORANDUM OPINION Ronald Wayne Jackson, Jr., pled guilty to the state-jail felony offenses of theft of property valued at more than $1,500 but less than $20,000 (Count 1) and forgery (Count 2). Jackson received deferred adjudication community supervision for a period of four years. The State later moved to adjudicate Jackson s guilt, alleging seven violations of his conditions of community supervision. Jackson pled true to the first allegation and not true to the remaining allegations. The trial court found that Jackson violated the conditions of his community supervision, adjudicated him guilty, and sentenced him to twenty-four months state-jail confinement and a $300 fine on Count 1 and twenty-four months state-jail confinement on Count 2, both sentences to run concurrently. Jackson s appointed appellate counsel has filed a motion to withdraw and 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although informed of his right to do so, Jackson did not file a pro se brief or response. The State did not file a brief. We will affirm. In an Anders case, we must, after a full examination of all the proceedings, [] decide whether the case is wholly frivolous. Anders, 386 U.S. at 744, 87 S.Ct. at 1400; 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, 108 S.Ct. 1895, 1902 n.10, 100 L.Ed.2d 440 (1988). We have conducted an independent review of the record, and because we find this appeal to be wholly frivolous, we affirm the judgment. Counsel must send Jackson a copy of our decision by certified mail, return receipt requested, at Jackson s last known address. TEX. R. APP. P. 48.4. Counsel must also notify Jackson of his right to file a pro se petition for discretionary review. Id.; see also Ex parte Owens, 206 S.W.3d 670, 673-74 (Tex. Crim. App. 2006). We grant counsel s motion to withdraw, effective upon counsel s compliance with the aforementioned notification requirement as evidenced by a letter [to this Court] certifying his compliance. See TEX. R. APP. P. 48.4. Jackson v. State Page 2 REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Affirmed Opinion delivered and filed March 21, 2012 Do not publish [CR25] Jackson v. State Page 3
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