In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00188-CR
NICHOLAS RYAN CLUBB, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Donley County, Texas
Trial Court No. 3759, Honorable Stuart Messer, Presiding
September 27, 2013
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Nicholas Ryan Clubb was indicted for burglary of a habitation and, after pleading
guilty, placed on deferred adjudication for five years. The State filed a motion to
adjudicate his guilt after appellant violated the terms of his community supervision. At
the hearing on the motion, appellant pled true to having used methamphetamine and
drinking alcohol. The trial court then adjudicated appellant guilty and sentenced him to
eighteen years confinement.
Appellant’s counsel has filed a motion to withdraw, together with an Anders1
brief, wherein he certifies that, after diligently searching the record, he has concluded
that the appeal is without merit. Along with his brief, he has filed a copy of a letter sent
to appellant informing him of counsel’s belief that there was no reversible error and of
appellant’s right to appeal pro se. By letter, this court also notified appellant of his right
to file his own brief or response by September 20, 2013, if he wished to do so. To date,
no response has been received.
In compliance with the principles enunciated in Anders, appellate counsel
discussed potential areas for appeal which included the sufficiency of the evidence of
the original crime,2 the sufficiency of the evidence to revoke probation, the propriety of
the sentence, and the effectiveness of counsel. However, he then explained why the
issues lacked merit.
In addition, we conducted our own review of the record to assess the accuracy of
counsel’s conclusions and to uncover arguable error pursuant to Stafford v. State, 813
S.W.2d 508 (Tex. Crim. App. 1991). After doing so, we concurred with counsel’s
conclusions.
Accordingly, the motion to withdraw is granted and the judgment is affirmed.3
Brian Quinn
Chief Justice
Do not publish.
1
See Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
2
The record does not contain the original plea hearing or any documents signed by appellant with respect
to his guilty plea. However, the judgment recites: “Defendant waived the right of trial by jury and entered
a plea as indicated above. The Court admonished the Defendant as required by law. It appeared to the
Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was
aware of the consequences of this plea. The Court received the plea and entered it of record. Having
heard the evidence submitted, the Court FINDS such evidence substantiates Defendant’s guilt.”
3
Appellant has the right to file a petition for discretionary review with the Court of Criminal Appeals.
2