Jonathan Thomas Bennett v. The State of Texas Appeal from 29th District Court of Palo Pinto County (memorandum opinion per curiam)
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Opinion filed July 20, 2017 In The Eleventh Court of Appeals __________ No. 11-17-00033-CR __________ JONATHAN THOMAS BENNETT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 29th District Court Palo Pinto County, Texas Trial Court Cause No. 15569 MEMORANDUM OPINION Appellant, Jonathan Thomas Bennett, pleaded guilty to the offense of possession of less than one gram of a controlled substance, namely methamphetamine. Pursuant to the terms of the plea agreement, the trial court deferred a finding of guilt, placed Appellant on community supervision for three years, and imposed a fine of $1,000. Subsequently, the State filed a motion to adjudicate Appellant’s guilt. At a hearing on the motion, Appellant pleaded true to eight of the State’s allegations. The trial court found all eleven allegations to be true, revoked Appellant’s community supervision, adjudicated him guilty of the charged offense, and assessed his punishment at confinement in a state jail facility for two years and a fine of $2,500. We dismiss the appeal. Appellant’s court-appointed counsel has filed a motion to withdraw. The 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 appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, an explanatory letter, and a motion for pro se access to the appellate record. Counsel also advised Appellant of his right to review the record and file a response to counsel’s brief.1 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, and we agree that the appeal is 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. 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. 1 This court granted Appellant more than thirty days in which to exercise his right to file a response to counsel’s brief. Appellant has not filed a response. 2 See Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App. [Panel Op.] 1979). We note that counsel has the responsibility 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 motion to withdraw is granted, and the appeal is dismissed. PER CURIAM July 20, 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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