COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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NICKEY JARMAIN TRAYLOR, No. 08-15-00223-CR
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Appellant, Appeal from
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v. 291st District Court
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THE STATE OF TEXAS, of Dallas County, Texas
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Appellee. (TC # F-1371827-U)
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OPINION
Nickey Jarmain Traylor appeals from a judgment adjudicating him guilty of aggravated
sexual assault of a child. Appellant waived his right to a jury trial and entered an open plea of
guilty to aggravated sexual assault of a child. The trial court deferred adjudicating Appellant
guilty and placed him on deferred adjudication community supervision for a term of ten years.
The State later filed a motion to adjudicate guilt alleging Appellant had violated the terms and
conditions of community supervision. After a hearing, the trial court found the allegations true,
entered an adjudication of guilt, and assessed Appellant’s punishment at imprisonment for a term
of ten years. We modify the judgment to reflect that Appellant entered a plea of not true to the
motion to adjudicate guilt, and affirm as so modified.
FRIVOLOUS APPEAL
Appellant’s court-appointed counsel has filed a brief in which she has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional
evaluation of the record demonstrating why, in effect, there are no arguable grounds to be
advanced. 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.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the
Court in writing that she has delivered a copy of counsel’s brief and the motion to withdraw to
Appellant, and she has advised Appellant of his right to review the record, file a pro se brief, and
to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App.
2014)(setting forth duties of counsel). Counsel also provided Appellant with a copy of the
appellate record. Appellant has not filed a pro se brief.
We have carefully reviewed the record and counsel’s brief. We agree that the appeal is
wholly frivolous and without merit, and we find nothing in the record that might arguably
support the appeal. The judgment of the trial court is modified to reflect that Appellant entered a
plea of not true to the motion to adjudicate guilt, and affirmed as so modified.
August 24, 2016
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Do Not Publish)
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