Foster Daleon Jones v. State

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-15-00158-CR FOSTER DALEON JONES, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 6th District Court

Red River County, Texas Trial Court No. CR02262

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Foster Daleon Jones entered an open plea of nolo contendre to, and was found guilty of, aggravated sexual assault of a thirteen-year-old child. Following a punishment hearing in which the child victim testified against Jones, the trial court sentenced Jones to twenty five years’ imprisonment. Jones appeals.

Jones’ appellate counsel filed a brief that outlined the procedural history of the case, provided a detailed summary of the evidence elicited during the course of the trial court proceedings, and stated that counsel found no meritorious issues to raise on appeal. Meeting the requirements of Anders v. California, counsel has provided a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. Anders v. California, 386 U.S. 738, 743–44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal.

In response to counsel’s Anders brief, Jones has filed a pro se response in which he argues (1) that he did not have a fair court, (2) that his counsel was unhelpful, and (3) that he is actually innocent.

We have determined that this appeal is wholly frivolous. We have independently reviewed the entire record, as well as Jones’ pro se brief, and have determined that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). In the Anders context, once we determine that the appeal is without merit and is frivolous, we must either dismiss the appeal or affirm the trial court’s judgment. See Anders, 386 U.S. 738.

We affirm the judgment of the trial court.1

Josh R. Morriss, III Chief Justice

Date Submitted: July 28, 2016 Date Decided: July 29, 2016 Do Not Publish