NUMBER 13-15-00183-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
STEPHEN CLARK, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 347th District Court
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion by Chief Justice Valdez
Appellant, Stephen Clark, pleaded guilty to three counts of sexual assault of a
child, a second-degree felony. See TEX. PENAL CODE ANN. § 22.011 (West, Westlaw
through 2015 R.S.). The trial court deferred adjudication and placed Clark on community
supervision for ten years. Subsequently, the State filed a motion to revoke Clark’s
community supervision based on several allegations that Clark had violated various
conditions of his community supervision. Clark pleaded “true” to the State’s allegation
that he had violated the conditions of community supervision by testing positive for
amphetamines. A hearing was held, and the trial court found that all of the State’s
allegations were true. The trial court revoked Clark’s community supervision, adjudicated
his guilt, and sentenced him to twenty years’ incarceration on each count to run
concurrently. This appeal followed. Clark’s court-appointed counsel has filed an Anders
brief. See Anders v. California, 386 U.S. 738, 744 (1967). We affirm.
I. ANDERS BRIEF
Pursuant to Anders v. California, Clark’s court-appointed appellate counsel has
filed a brief and a motion to withdraw with this Court, stating that his review of the record
yielded no grounds of reversible error upon which an appeal can be predicated. See id.
Counsel’s brief meets the requirements of Anders as it presents a professional evaluation
demonstrating why there are no arguable grounds to advance on appeal. 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 must
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).
In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel
Op.] 1978) and Kelly v. State, 436 S.W.3d 313, 319–22 (Tex. Crim. App. 2014), Clark’s
counsel carefully discussed why, under controlling authority, there is no reversible error
in the trial court’s judgment. Clark’s counsel has also informed this Court that Clark has
been (1) notified that counsel has filed an Anders brief and a motion to withdraw; (2)
provided with copies of both pleadings; (3) informed of his rights to file a pro se response,
review the record preparatory to filing that response, and seek discretionary review if we
concluded that the appeal is frivolous; and (4) provided with a form motion for pro se
2
access to the appellate record with instructions to file the motion within ten days. See
Anders, 386 U.S. at 744; Kelly, 436 S.W.3d at 319–20, Stafford, 813 S.W.2d at 510 n.3;
see also In re Schulman, 252 S.W.3d at 409 n.23. More than an adequate period of time
has passed, and Clark has not filed a pro se response.1
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. Penson v. Ohio, 488 U.S.
75, 80 (1988). We have reviewed the entire record and counsel’s brief, and we have
found nothing that would arguably support an appeal.2 See id. at 827–28 (“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
met the requirement of Texas Rule of Appellate Procedure 47.1.”); Stafford, 813 S.W.2d
at 509. Accordingly, we affirm the judgment of the trial court.
III. MOTION TO WITHDRAW
Upon receiving an Anders brief, we must conduct a full examination of all the
proceedings to determine whether the case is wholly frivolous. Penson v. Ohio, 488 U.S.
75, 80 (1988). In accordance with Anders, Clark’s attorney has asked this Court for
permission to withdraw as counsel. See Anders, 386 U.S. at 744; see also In re
Schulman, 252 S.W.3d at 408 n.17 (citing Jeffery v. State, 903 S.W.2d 776, 779–80 (Tex.
1 The Texas Court of Criminal Appeals has held that “the pro se response need not comply 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 meritorious issues.” In re Schulman, 252 S.W.3d 403, 409 n.23 (Tex. Crim. App. 2008)
(quoting Wilson v. State, 955 S.W.2d 693, 696–97 (Tex. App.—Waco 1997, no pet.)).
2 We note that a transcript of the trial court’s hearing on Clark’s motion for reconsideration and new
trial was not a part of the record when Clark’s trial counsel reviewed the record and drafted the Anders brief
and motion to withdraw. And, based upon our independent review of the entire record, including the
transcript, we have found nothing concerning the trial court’s denial of Clark’s motion for reconsideration
and new trial that would arguably support an appeal.
3
App.—Dallas 1995, no pet.) (“[I]f an attorney believes the appeal is frivolous, he must
withdraw from representing the appellant. To withdraw from representation, the
appointed attorney must file a motion to withdraw accompanied by a brief showing the
appellate court that the appeal is frivolous.”) (citations omitted)). We grant counsel’s
motion to withdraw. Within five days of the date of this Court’s opinion, counsel is ordered
to send a copy of this opinion and this Court’s judgment to Clark and to advise him of his
right to file a petition for discretionary review.3 See TEX. R. APP. 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).
/s/ Rogelio Valdez
ROGELIO VALDEZ
Chief Justice
Do Not Publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed this the
19th day of May, 2016.
3 No substitute counsel will be appointed. Should Clark 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 file a pro se petition for discretionary review. Any petition for discretionary review must be filed
within thirty days from the date of either this opinion or the last timely motion for rehearing or timely motion
for en banc reconsideration that was overruled by this Court. See TEX. R. APP. P. 68.2. A petition for
discretionary review must be filed with the clerk of the Court of Criminal Appeals. See id. R. 68.3. Any
petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure
68.4. See id. R. 68.4.
4