NUMBER 13-09-00087-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JAY BRADY COLLUMS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 377th District Court of
Victoria County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Yañez and Garza
Memorandum Opinion by Justice Yañez
Pursuant to a plea agreement, appellant, Jay Brady Collums, pleaded guilty to
retaliation, a third-degree felony,1 and was placed on deferred-adjudication community
supervision for five years.2 The State filed a motion to revoke appellant’s community
1
See T EX . P EN AL C OD E A N N . § 36.06(a)(1)(b), (c) (Vernon 2007).
2
See T EX . C OD E C R IM . P R O C . A N N . art. 42.12, § 5(a) (Vernon Supp. 2009).
supervision, alleging multiple violations of the terms of community supervision. Appellant
pleaded “not true” to the allegations. Following a hearing, the trial court found appellant
violated various conditions of his community supervision, revoked his community
supervision, adjudicated him guilty of the underlying offense, and sentenced him to ten
years’ confinement in the Institutional Division of the Texas Department of Criminal Justice.
The trial court certified appellant’s right to appeal, and this appeal followed. We affirm.
I. ANDERS BRIEF
Pursuant to Anders v. California, 386 U.S. 738, 744 (1967), appellant’s court-
appointed appellate counsel has filed a brief with this Court stating that his review of the
record yielded no grounds or error upon which an appeal can be predicated. Although
counsel’s brief does not advance any arguable grounds of error, it does present a
professional evaluation of the record demonstrating why there are no arguable grounds to
be advanced on appeal.3
In compliance with High v. State,4 appellant's counsel has carefully discussed why,
under controlling authority, there are no errors in the trial court's judgment. Counsel has
informed this Court that he has: (1) examined the record and found no arguable grounds
to advance on appeal; (2) served a copy of the brief and counsel’s motion to withdraw on
appellant; and (3) informed appellant of his right to review the record and to file a pro se
3
See In re Schulman, 252 S.W .3d 403, 407 n.9 (Tex. Crim . App. 2008) (“In Texas, an Anders brief
need not specifically advance ‘arguable’ points of error if counsel finds none, but it m ust provide record
references to the facts and procedural history and set out pertinent legal authorities.”) (citing Hawkins v. State,
112 S.W .3d 340, 343-44 (Tex. App.–Corpus Christi 2003, no pet.)); Stafford v. State, 813 S.W .2d 503, 510
n.3 (Tex. Crim . App. 1991).
4
High v. State, 573 S.W .2d 807, 813 (Tex. Crim . App. [Panel Op.] 1978).
2
response.5 More than an adequate period of time has passed, and appellant has not filed
a pro se response.6
II. INDEPENDENT REVIEW
Upon receiving an Anders brief, we must conduct a full examination of all the
proceedings to determine whether the case is wholly frivolous.7 We have reviewed the
entire record and counsel's brief and have found nothing that would arguably support an
appeal.8 Accordingly, we affirm the judgment of the trial court.
III. MOTION TO WITHDRAW
In accordance with Anders, appellant’s attorney has asked this Court for permission
to withdraw as counsel for appellant.9 We grant counsel’s motion to withdraw.
5
See Anders, 386 U.S. at 744; Stafford, 813 S.W .2d at 510 n.3; see also In re Schulman, 252 S.W .3d
at 409 n.23. The Texas Court of Crim inal Appeals has held that “the pro se response need not com ply with
the rules of appellate procedure in order to be considered. Rather, the response should identify for the court
those issues which the indigent appellant believes the court should consider in deciding whether the case
presents any m eritorious issues.” In re Schulman, 252 S.W .3d at 409 n.23 (quoting W ilson v. State, 955
S.W .2d 693, 696-97 (Tex. App.–W aco 1997, no pet.)).
6
See In re Schulman, 252 S.W .3d at 409 n.23.
7
Penson v. Ohio, 488 U.S. 75, 80 (1988).
8
See Bledsoe v. State, 178 S.W .3d 824, 826-28 (Tex. Crim . App. 2005) (“Due to the nature of Anders
briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record
for reversible error but found none, the court of appeals m et the requirem ent of Texas Rule of Appellate
Procedure 47.1.”); Stafford, 813 S.W .2d at 509.
W e note that the reporter’s record consists of seven volum es in this case. Volum e 1 is a “Master
Index”; Volum e 2, dated May 1, 2007, concerns pre-trial m otions; Volum e 3 is m issing; Volum e 4, dated
Novem ber 12, 2008, reflects the re-setting of a hearing date on the State’s m otion to adjudicate; Volum e 5
also reflects a re-setting; Volum e 6, dated January 9, 2009, is the hearing on the State’s m otion; and Volum e
7 is the court’s ruling on the State’s m otion. This Court has contacted Yvett Shugart, the court reporter for
Volum es 1, 2, and 4 through 7. Ms. Shugart advised that Volum e 3 has not been transcribed because the
court reporter assigned for that proceeding is gravely ill and unable to retrieve the notes for transcription.
Thus, Volum e 3 is unavailable. Appellant pleaded guilty on May 30, 2007, shortly after the hearing on pre-trial
m otions reflected in Volum e 2. W e have reviewed the record before us, and conclude that any m atters
reflected in the unavailable Volum e 3 are not pertinent to the disposition of this appeal.
9
See Anders, 386 U.S. at 744; see also In re Schulm an, 252 S.W .3d at 408 n.17 (citing Jeffery v.
State, 903 S.W .2d 776, 779-80 (Tex. App.–Dallas 1995, no pet.) (noting that “[i]f an attorney believes the
appeal is frivolous, he m ust withdraw from representing the appellant. To withdraw from representation, the
3
Within five days of the date of this Court’s opinion, counsel is ordered to send a
copy of the opinion and judgment to appellant and to advise appellant of his right to file a
petition for discretionary review.10
LINDA REYNA YAÑEZ
JUSTICE
Do not publish.
TEX . R. APP. P. 47.2(b).
Delivered and filed the
25th day of August, 2010.
appointed attorney m ust file a m otion to withdraw accom panied by a brief showing the appellate court that the
appeal is frivolous.”) (citations om itted)).
10
See T EX . R. A PP . P. 48.4; see also In re Schulman, 252 S.W .3d at 412 n.35; Ex parte Owens, 206
S.W .3d 670, 673 (Tex. Crim . App. 2006). No substitute counsel will be appointed. Should appellant wish to
seek further review of this case by the Texas Court of Crim inal Appeals, he m ust either retain an attorney to
file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for
discretionary review m ust be filed within thirty days from the date of either this opinion or the last tim ely m otion
for rehearing that was overruled by this Court. See T EX . R. A PP . P. 68.2. Any petition for discretionary review
m ust be filed with this Court, after which it will be forwarded to the Texas Court of Crim inal Appeals. See T EX .
R. A PP . P. 68.3; 68.7. Any petition for discretionary review should com ply with the requirem ents of Rule 68.4
of the Texas Rules of Appellate Procedure. See T EX . R. A PP . P. 68.4.
4