Alonzo Whittington v. The State of Texas Appeal from 290th Judicial District Court of Bexar County (memorandum opinion)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00619-CR Alonzo WHITTINGTON, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR1009 Honorable Melisa Skinner, Judge Presiding Opinion by: Luz Elena D. Chapa, Justice Sitting: Karen Angelini, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: September 12, 2018 MOTION TO WITHDRAW GRANTED; AFFIRMED Alonzo August Whittington Jr. pled no contest to a charge of possession of one to four grams of methamphetamines, in exchange for the State’s recommendation that adjudication be deferred. Pursuant to the plea agreement, the trial court deferred adjudication and placed Whittington on community supervision for a period of four years. The State later filed a motion to adjudicate guilt, alleging Whittington violated various conditions of his community supervision. Whittington pled true to the allegation that he violated condition one of his community supervision by committing the offense of possession of marijuana. The trial court adjudicated Whittington 04-17-00619-CR guilty and sentenced him to two years in prison and a $1,200 fine. Whittington timely appealed the judgment. Whittington’s court-appointed appellate attorney filed a motion to withdraw and a brief in which she concludes this appeal is frivolous and without merit. The brief demonstrates a professional evaluation of the record and meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Counsel sent copies of the brief and the motion to withdraw to Whittington and informed him of his rights in compliance with the requirements of Kelly v. State, 436 S.W.3d 313 (2014). This court set a deadline for Whittington to file a pro se brief. No pro se brief was filed. After reviewing the record and counsel’s brief, we find no arguable grounds for appeal exist and the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We therefore grant the motion to withdraw filed by Whittington’s counsel and we affirm the trial court’s judgment. See id.; Nichols v. State, 954 S.W.2d 83, 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.). 1 Luz Elena D. Chapa, Justice DO NOT PUBLISH 1 No substitute counsel will be appointed. Should Whittington wish 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. Any petition for discretionary review must be filed within thirty days after either this opinion is rendered or the last timely motion for rehearing or motion for en banc reconsideration is overruled by this court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Court of Criminal Appeals. See id. R. 68.3. Any petition for discretionary review must comply with the requirements of rule 68.4 of the Texas Rules of Appellate Procedure. See id. R. 68.4. -2-
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