Court of Appeals of Texas, 2012

Joseph Andrew Winters v. State

Court of Appeals of Texas · Decided June 28, 2012

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana _________________________

No. 06-12-00015-CR ______________________________

JOSEPH ANDREW WINTERS, Appellant

THE STATE OF TEXAS, Appellee

On Appeal from the 3rd Judicial District Court

Anderson County, Texas

Trial Court No. 29876

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

Memorandum Opinion by Justice Carter MEMORANDUM OPINION

Joseph Andrew Winters appeals the judgment adjudicating guilt for the offense of burglary of a building, a state jail felony. See TEX. PENAL CODE ANN. § 30.02(c)(1) (West 2011). Winters pled “true” to each allegation of the State’s motion to adjudicate, with the exception of the first paragraph. The trial court found each allegation in the State’s motion to be true, and sentenced Winters to two years’ confinement in a state jail facility. In addition, Winters was fined $2,500.00 and ordered to pay restitution to the victim of his crime in the amount of $1,500.00. Winters was represented by different appointed counsel at trial and on appeal.1

Winters’ 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, 360 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 to Winters on April 19, 2012, informing Winters of his right to file a pro se response and of his right to review the record. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. Winters has neither filed a pro se response, nor has he requested an extension of time in which to file such a response.

We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk’s record and the reporter’s record, and we agree 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.2

Jack Carter Justice Date Submitted: June 27, 2012

Date Decided: June 28, 2012

Do Not Publish

1 Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Vernon 2005). We are unaware of any conflict between precedent of the Twelfth Court of Appeals and that of this Court on any relevant issue. See TEX. R. APP. P. 41.3. 2 Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of appellant in this case. No substitute counsel will be appointed. Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or appellant must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing or for en banc reconsideration was overruled by this Court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3 (amended by the Texas Court of Criminal Appeals Misc. Docket No. 11-104, effective Sept. 1, 2011). 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.