In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00260-CR
RACHEL IRENE GRIFFIN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 110th District Court
Floyd County, Texas
Trial Court No. 4478, Honorable William P. Smith, Presiding
May 6, 2014
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, Rachel Irene Griffin, was charged with driving while intoxicated third or
more offense.1 Pursuant to a plea agreement, appellant entered a plea of guilty to the
charge and was sentenced to confinement in the Institutional Division of the Texas
Department of Criminal Justice (ID-TDCJ) for five years. The sentence of confinement
was suspended and appellant was placed on community supervision for a term of five
years. Subsequently, the State filed a motion to revoke her probation. Appellant
1
See TEX. PENAL CODE ANN. §§ 49.04(a), 49.09(b)(2) (West Supp. 2013).
entered a plea of “not true” to the allegations contained within the motion to revoke her
probation. After hearing the evidence at a hearing on the motion to revoke probation,
the trial court revoked appellant’s probation and sentenced her to confinement for five
years in the ID-TDCJ. Appellant appealed and we will affirm.
Appellant’s attorney has filed an Anders brief and a motion to withdraw. Anders
v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 498 (1967). In support of his
motion to withdraw, counsel certifies that he has diligently reviewed the record, and in
his opinion, the record reflects no reversible error upon which an appeal can be
predicated. Id. at 744-45. In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.
Crim. App. 1978), counsel has candidly discussed why, under the controlling authorities,
there is no error in the trial court’s judgment. Additionally, counsel has certified that he
has provided appellant a copy of the Anders brief and motion to withdraw and
appropriately advised appellant of his right to file a pro se response in this matter.
Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). The Court has also
advised appellant of her right to file a pro se response. Appellant has not filed a
response.
By his Anders brief, counsel raises grounds that could possibly support an
appeal, but concludes the appeal is frivolous. We have reviewed these grounds and
made an independent review of the entire record to determine whether there are any
arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75,
109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim.
App. 2005). We have found no such arguable grounds and agree with counsel that the
appeal is frivolous.
2
Accordingly, counsel’s motion to withdraw is hereby granted, and the trial court’s
judgment is affirmed.2
Mackey K. Hancock
Justice
Do not publish.
2
Counsel shall, within five days after this opinion is handed down, send his client a copy of the
opinion and judgment, along with notification of appellant=s right to file a pro se petition for discretionary
review. See TEX. R. APP. P. 48.4.
3