Steven Dale Duncan v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana ______________________________

No. 06-10-00204-CR ______________________________

STEVEN DALE DUNCAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 124th Judicial District Court

Gregg County, Texas

Trial Court No. 38,917-B

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION

Steven Dale Duncan appeals from the revocation of his community supervision and the adjudication of his guilt. Duncan had been given deferred adjudication on his plea of guilty pursuant to an agreement to plead guilty to a lesser-included offense. Two months later, the State filed a motion to adjudicate due to Duncan’s failure to pay fees and fines, to perform community service work, and his failure to report. Duncan stipulated to the truth of each ground for revocation, and at the hearing, pled true to each ground. The trial court revoked his community supervision, adjudicated him guilty, and sentenced him to eight years’ imprisonment.

Duncan’s attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978).

Counsel mailed a copy of the brief and a letter to Duncan on May 3, 2011, informing him of his right to file a pro se response and of his right to review the record. No response has been filed. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal.

We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk’s record and the reporter’s record, and find no genuinely arguable issue. See Halbert v. Michigan, 545 U.S. 605, 623 (2005). We, therefore, agree with counsel’s assessment that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

In a frivolous appeal situation, we are to determine whether the appeal is without merit and is frivolous, and if so, the appeal must be dismissed or affirmed. See Anders, 386 U.S. 738.

We affirm the judgment of the trial court.1

Bailey C. Moseley Justice

Date Submitted: July 12, 2011

Date Decided: July 13, 2011

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