Margaret Jane Griffith v. The State of Texas Appeal from 198th Judicial District Court of Kerr County (memorandum opinion )
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION Nos. 04-15-00358-CR & 04-15-00359-CR Margaret Jane GRIFFITH, Appellant v. The STATE of Texas, Appellee From the 198th Judicial District Court, Kerr County, Texas Trial Court Nos. B08-578 & B09-09 Honorable M. Rex Emerson, Judge Presiding Opinion by: Rebeca C. Martinez, Justice Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: June 8, 2016 AFFIRMED Margaret Jane Griffith pled “true” to violating the terms of her deferred adjudication community supervision in two cause numbers. The trial court found that Griffith violated the conditions of her community supervision, adjudicated Griffith guilty, and revoked her community supervision. The trial court sentenced her to a term of confinement for 15 years in cause number B08-578 and 40 years in cause number B09-09. Griffith’s court-appointed attorney filed a brief containing a professional evaluation of the records in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the 04-15-00358-CR & 04-15-00359-CR appeals have no merit. Counsel provided Griffith with a copy of the brief and informed her of her right to review the record and to file her own brief. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014); see also Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Griffith filed a pro se brief. After reviewing the record, counsel’s brief, and Griffith’s pro se brief, we agree that the appeals are frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel’s motions to withdraw are granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. No substitute counsel will be appointed. Should Griffith wish to seek further review of this case by the Texas Court of Criminal Appeals, Griffith must either retain an attorney to file a petition for discretionary review or Griffith must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the later of: (1) the date of this opinion; or (2) the date the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed in the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4. Rebeca C. Martinez, Justice Do not publish -2-
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