Court of Appeals Tenth Appellate District of Texas 10-24-00351-CR

James Robert Bolton, Appellant v. The State of Texas, Appellee

On appeal from the 52nd District Court of Coryell County, Texas Judge Trent D. Farrell, presiding Trial Court Cause No. 22-27388 JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION James Robert Bolton pled “not true” to the sole violation alleged by the State in its first amended motion to revoke his community supervision for the third-degree felony offense of assault family violence by occlusion. See TEX. PENAL CODE ANN. § 22.01(b)(2)(B). After a contested hearing on the motion, the trial court revoked Bolton’s community supervision and sentenced him to six years in prison. This appeal followed. We affirm the judgment of the trial court.

Bolton’s court-appointed counsel filed a motion to withdraw and an Anders brief in support of the motion asserting that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).

Counsel’s brief evidences a professional evaluation of the record for error and compliance with the other duties of appointed counsel. We conclude that counsel has performed the duties required of appointed counsel. See id. at 744, 87 S. Ct. at 1400; High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel Op.] 1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 407-09 (Tex. Crim. App. 2008). By letter, we informed Bolton of his right to review the appellate record and to file a pro se response. Bolton did not file a pro se response.

In reviewing an Anders appeal, we must, "after a full examination of all the proceedings, ... decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10, 108

James Robert Bolton v. The State of Texas Page 2 S. Ct. 1895, 100 L. Ed. 2d 440 (1988). After a review of the entire record in this appeal, we have determined the appeal to be wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm the judgment of the trial court.

Counsel’s motion to withdraw from representation of Bolton is granted.

STEVE SMITH Justice OPINION DELIVERED and FILED: May 1, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Affirmed; Motion Granted Do not publish CR25

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