TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-12-00241-CR
Ricardo Donnell Smalls, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT
NO. 11-829-K277, HONORABLE JAMES E. MORGAN, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Ricardo Donnell Smalls pled not guilty to unauthorized use of a motor
vehicle and theft, and a jury found him guilty of unauthorized use of a motor vehicle. At the
punishment phase, the jury found the enhancement allegations of six prior state jail felony
convictions to be true and sentenced him to eight years in prison. Appellant’s appointed attorney
has filed a brief concluding that the appeal is frivolous and without merit.
Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738 (1967),
by presenting a professional evaluation of the record and demonstrating that there are no arguable
grounds to be advanced. See Penson v. Ohio, 488 U.S. 75, 80 (1988); Anders, 386 U.S. at 743-44;
High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684,
684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).
Appellant’s attorney sent appellant a copy of the brief and advised him that he had the right to
examine the record and file a pro se brief. See Anders, 386 U.S. at 744; Jackson v. State, 485
S.W.2d 553, 553 (Tex. Crim. App. 1972). No pro se brief has been filed.
Having reviewed the evidence presented to the jury and the procedures that were
observed, nothing in the record might arguably support the appeal. We agree with counsel that the
appeal is frivolous and without merit. We grant counsel’s motion to withdraw and affirm the judgment
of conviction.1
__________________________________________
David Puryear
Before Justices Puryear, Rose and Goodwin
Affirmed
Filed: August 15, 2013
Do Not Publish
1
No substitute counsel will be appointed. Should appellant wish to seek further review of
his case by the court of criminal appeals, he must either retain an attorney to file a petition for
discretionary review or file a pro se petition for discretionary review. See generally Tex. R. App. P.
68-79 (governing proceedings in the Texas Court of Criminal Appeals). Any petition for discretionary
review must be filed within thirty days from the date of either this opinion or the date this Court
overrules the last timely motion for rehearing filed. See Tex. R. App. P. 68.2. The petition must be
filed with this Court, after which it will be forwarded to the court of criminal appeals along with the
rest of the filings in the cause. See Tex. R. App. P. 68.3, 68.7. Any petition for discretionary review
should comply with rules 68.4 and 68.5 of the rules of appellate procedure. See Tex. R. App. P.
68.4, 68.5.
2