Michael Jones v. State
Michael Jones v. State
Opinion
Michael Jones pled guilty to unauthorized use of a vehicle. See Tex. Pen. Code Ann. § 31.07 (Vernon 2003). In accordance with a plea bargain, the trial court deferred adjudication of guilt, placed Jones on community supervision for four years, fined him $500, and ordered restitution. The State subsequently filed a "Motion to Revoke Unadjudicated Probation." Jones pled "true" to five violations of his community supervision. The trial court adjudicated Jones guilty and sentenced him to fifteen months in the state jail division. Jones appealed.
Jones's appellate counsel filed an Anders brief in which she concludes there are no arguable points of error. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Counsel's brief meets the requirements of Anders. See id; see also High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Jones filed a pro se brief arguing that upon entering his plea, the State presented no evidence to substantiate his guilt.
The Court of Criminal Appeals directs that we not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We may only determine (1) that the appeal is wholly frivolous and issue an opinion explaining that we have reviewed the record and find no reversible error; or (2) that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues. Id. Having reviewed the clerk's record and reporter's record, we agree the appeal is frivolous and without merit. See id. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
We affirm the trial court's judgment. (1)
AFFIRMED.
____________________________
DAVID GAULTNEY
Justice
Submitted on November 15, 2007
Opinion Delivered February 13, 2008
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ. 1. Jones may challenge our decision in this case by filing a petition for discretionary
review. See Tex. R. App. P. 68.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.