Opinion issued September 10, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-13-00101-CR
____________
CHRISTOPHER LYNN STOKES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 149th District Court
Brazoria County, Texas
Trial Court Cause No. 65147
MEMORANDUM OPINION
Appellant, Christopher Lynn Stokes, pleaded guilty to the charge of felony
robbery, with an agreed recommendation from the State that adjudication be
deferred and appellant placed on community supervision for 8 years. The trial court
followed the recommendation, deferred adjudication, and placed appellant on
community supervision for 8 years. Subsequently, the State moved to adjudicate.
Appellant pleaded “not true” to the State’s allegations. The trial court found some
of the allegations true, adjudicated appellant guilty, and assessed punishment at 20
years’ confinement. The trial court’s certified that appellant had the right to appeal.
Appellant timely filed a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw,
along with an Anders brief stating that the record presents no reversible error and
therefore the appeal is without merit and is frivolous. See Anders v. California, 386
U.S. 738, 87 S. Ct. 1396 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State,
573 S.W.2d 807, 812–13 (Tex. Crim. App. 1978). Counsel indicates that he has
thoroughly reviewed the record and that he is unable to advance any grounds of
error that warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell
v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Counsel has informed us that he has delivered a copy of the brief to appellant
and informed him of his right to examine the appellate record and to file a response.
2
See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008). Appellant has
not filed a pro se response.
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, that there are no arguable
grounds for review, and that therefore the appeal is frivolous. See Anders, 386 U.S.
at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court—and not counsel—
determines, after full examination of proceedings, whether appeal is wholly
frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009)
(reviewing court must determine whether arguable grounds for review exist);
Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (same); Mitchell,
193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by
reviewing entire record). An appellant may challenge a holding that there are no
arguable grounds for appeal by filing a petition for discretionary review in the Court
of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.1 Attorney John Davis must immediately send the notice required by
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.
1997).
3
Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the
Clerk of this Court. See TEX. R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Justices Jennings, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
4