Tony Lawrence Hicks, Jr. v. State

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-17-00114-CR TONY LAWRENCE HICKS, JR., Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 71st District Court

Harrison County, Texas Trial Court No. 15-0030X

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

Memorandum Opinion by Justice Burgess

MEMORANDUM OPINION

Tony Lawrence Hicks, Jr., pled guilty to credit card or debit card abuse, a state jail felony. Pursuant to a negotiated plea bargain agreement, Hicks was placed on deferred adjudication community supervision for three years. Prior to the expiration of the three-year period, the State filed a motion to proceed with adjudication of guilt that alleged several violations of the terms and conditions of Hicks’ community supervision. After Hicks pled true to all of the allegations in the State’s motion, the trial court revoked Hicks’ community supervision and sentenced him to twenty months’ confinement in state jail. Hicks appeals.

Hicks’ attorney on appeal has filed a brief which states that he has reviewed the record and has found no genuinely arguable issues that could be raised. The brief sets out the procedural history and summarizes the evidence elicited during the course of the proceeding. 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.

On September 21, 2017, counsel mailed to Hicks a copy of the brief, the appellate record, and the motion to withdraw. Hicks was informed of his right to review the record and file a pro se response. On September 21, 2017, this Court also informed Hicks that his pro se response was due on or before October 23, 2017. On November 8, 2017, we further informed Hicks that the case had been set for submission on briefs, without oral argument, on November 29, 2017. Hicks has not filed a pro se response.

We have determined that this appeal is wholly frivolous. We have independently reviewed the entire appellate record, and we agree that no arguable issue supports an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

We affirm the trial court’s judgment.1

Ralph K. Burgess Justice

Date Submitted: November 29, 2017 Date Decided: December 6, 2017 Do Not Publish