Ricardo Vasquez Jr. v. The State of Texas Appeal from 358th District Court of Ector County (memorandum opinion per curiam)
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Opinion filed March 16, 2017 In The Eleventh Court of Appeals ________________ Nos. 11-16-00327 & 11-16-00328-CR ________________ RICARDO VASQUEZ JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 358th District Court Ector County, Texas Trial Court Cause Nos. D-45,791 & D-45,792 MEMORANDUM OPINION Ricardo Vasquez Jr., Appellant, originally pleaded guilty to one charge of attempted possession of between four and two hundred grams of cocaine and one charge of attempted possession of between four and two hundred grams of methamphetamine. Pursuant to the terms of the plea agreements, the trial court deferred a finding of guilt and placed Appellant on community supervision for five years in each cause. The State subsequently filed a motion to proceed with an adjudication of guilt in each cause. Appellant pleaded true to all of the State’s allegations in each cause: that Appellant had violated the terms and conditions of his community supervision by using methamphetamine. The trial court found the State’s allegations to be true, revoked Appellant’s community supervision, adjudicated him guilty of the charged offenses, and assessed his punishment at confinement for seven years and a fine of $750 in each cause. We dismiss the appeals. Appellant’s court-appointed counsel has filed a motion to withdraw in each appeal. Each motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeals are frivolous and without merit. With respect to each cause, counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, an explanatory letter, and a copy of both the reporter’s record and the clerk’s record. Counsel also advised Appellant of his right to review the record and file a response to counsel’s brief. Appellant has not filed a response. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App.—Eastland 2005, no pet.). Following the procedures outlined in Anders and Schulman, we have independently reviewed the record in each cause, and we agree that the appeals are without merit and should be dismissed. See Schulman, 252 S.W.3d at 409. We note that proof of one violation of the terms and conditions of community supervision is sufficient to support revocation. Smith v. State, 286 S.W.3d 333, 342 (Tex. Crim. 2 App. 2009). In this regard, a plea of true standing alone is sufficient to support a trial court’s decision to revoke community supervision and proceed with an adjudication of guilt. See Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App. [Panel Op.] 1979). Furthermore, issues relating to an original plea proceeding may not be raised in a subsequent appeal from the revocation of community supervision and adjudication of guilt. Manuel v. State, 994 S.W.2d 658, 661–62 (Tex. Crim. App. 1999). Based upon our review of the record in each cause, we agree with counsel that no arguable grounds for appeal exist. We note that counsel has the responsibility in each case to advise Appellant that he may file a petition for discretionary review with the clerk of the Texas Court of Criminal Appeals seeking review by that court. TEX. R. APP. P. 48.4 (“In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant’s right to file a pro se petition for discretionary review under Rule 68.”). Likewise, this court advises Appellant that he may file a petition for discretionary review pursuant to TEX. R. APP. P. 68. The motions to withdraw are granted, and the appeals are dismissed. PER CURIAM March 16, 2017 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 3
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