Ja Quinn Green v. The State of Texas Appeal from 161st District Court of Ector County (memorandum opinion by senior chief justice marion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JA QUINN GREEN, § No. 08-22-00113-CR § Appeal from the v. § 161st Judicial District Court THE STATE OF TEXAS, § of Ector County, Texas § (TC# B-19-0198-CR) Appellant, Appellee. MEMORANDUM OPINION On May 17, 2019, Appellant pled guilty to the offense of assault on a public servant, and the Ector County trial court issued an order of deferred adjudication, placing Appellant on community supervision.1 See TEX. PENAL CODE § 22.01(b)(1). On May 10, 2021, the State filed a motion to revoke Appellant’s community supervision alleging six violations of his conditions. [CR 41 At the hearing on the motion to revoke, Appellant pled true to all six allegations. The trial court revoked Appellant’s supervision, adjudicated him guilty based on his original plea, and sentenced him to confinement for eight years. We affirm. I. 1 FRIVOLOUS APPEAL This case was transferred from the Eleventh Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX.GOV’T CODE ANN. § 73.001. We follow the precedent of the Eleventh Court of Appeals to the extent it might conflict with our own. See TEX.R.APP.P. 41.3. 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. 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 notified the Court in writing that he delivered a copy of counsel’s brief and the motion to withdraw to Appellant, and he 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 form motion for access to the appellate record. Appellant has not filed a brief. We have carefully reviewed the record and counsel’s brief. We agree that the appeal is wholly frivolous and without merit, and we find nothing in the record that might arguably support the appeal. The judgment of the trial court is affirmed. II. MOTION TO WITHDRAW We believe Green’s counsel has substantially complied with the requirements of Anders and Kelly. Therefore, we grant counsel’s motion to withdraw. See Anders, 386 U.S. at 744; Kelly, 436 S.W.3d at 318–20. No substitute counsel will be appointed. In the event Appellant wishes to seek further review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. 2 Any petition for discretionary review must comply with Rule 68.4 of the Texas Rules of Appellate Procedure. Additionally, any petition for discretionary review must be filed in the Court of Criminal Appeals within thirty days from the date of either this opinion or the last timely motion for rehearing that is overruled by this Court. See TEX.R.APP.P. 68.2, 68.3. III. CONCLUSION We affirm Appellant’s conviction and sentence and grant counsel’s motion to withdraw. SANDEE B. MARION, Chief Justice(Ret.) December 1, 2022 Before Rodriguez, C.J., Alley, and Marion, CJ. (Ret.) Marion, C.J. (Ret.)(Sitting by Assignment) (Do Not Publish) 3
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