Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00496-CR
Brandon Neil COBBS,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 355th District Court, Hood County, Texas
Trial Court No. CR11298
Honorable Ralph H. Walton Jr., Judge Presiding
Opinion by: Patricia O. Alvarez, Justice
Sitting: Karen Angelini, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: June 12, 2013
AFFIRMED
Appellant Brandon Neil Cobbs pled guilty to one count of burglary of a habitation, a
second degree felony. On May 11, 2010, the trial court deferred adjudication and placed Cobbs
on community supervision for a period of seven years, fined him $1,500, assessed court costs,
and imposed other conditions including abstaining from using controlled substances without a
doctor’s prescription. Thereafter, the State moved the trial court to proceed with an adjudication
of guilt. On August 30, 2011, in response to Cobb’s plea of guilty, the trial court sentenced
Cobbs to ten years’ confinement in the Institutional Division of the Texas Department of
04-12-00496-CR
Criminal Justice (TDCJ-ID), but suspended Cobbs’s sentence, placed Cobbs on community
supervision, and imposed certain conditions including abstaining from using controlled
substances without a doctor’s prescription. Thereafter, the State moved to revoke Cobbs’s
community supervision. Cobbs pled not true to the allegations in the State’s motion, but the trial
court found Cobbs had violated conditions of his community supervision including failure to
abstain from unauthorized use of controlled substances. On June 12, 2013, the trial court
revoked Cobbs’s community supervision and sentenced him to ten years’ confinement with
TDCJ-ID, fined him $783, and assessed $1,323 as costs of court. The trial court appointed
appellate counsel, and counsel timely filed a notice of appeal.
Appellant’s court-appointed appellate attorney filed a brief containing a professional
evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967); counsel
also filed a motion to withdraw. In Appellant’s brief, counsel raises no arguable appellate issues
and concludes this appeal is without merit. The brief meets the Anders requirements. See id. at
744; see also High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. 1978); Gainous v. State, 436
S.W.2d 137, 138 (Tex. Crim. App. 1969). As required, counsel provided Appellant with a copy
of the brief and counsel’s motion to withdraw, and informed Appellant of his right to review the
record and file his own pro se brief. See Nichols v. State, 954 S.W.2d 83, 85–86 (Tex. App.—
San Antonio 1997, no pet.); see also Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San
Antonio 1996, no pet.). Appellant did not file a pro se brief.
After reviewing the record and counsel’s brief, we agree with counsel that the appeal is
wholly frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim.
App. 2005). Accordingly, we affirm the trial court’s judgment, see id., and grant appellate
counsel’s motion to withdraw, see Nichols, 954 S.W.2d at 85–86; Bruns, 924 S.W.2d at 177 n.1.
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04-12-00496-CR
No substitute counsel will be appointed. Should Appellant wish to seek further review of
this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a
petition for discretionary review or he must file a pro se petition for discretionary review. Any
petition for discretionary review must be filed within thirty days from (1) the date of this opinion
or (2) the date the last timely motion for rehearing or en banc reconsideration is overruled by this
court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the
clerk of the Texas Court of Criminal Appeals. See id. R. 68.3(a). Any petition for discretionary
review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate
Procedure. See id. R. 68.4.
Patricia O. Alvarez, Justice
DO NOT PUBLISH
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