In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-17-00075-CR
________________________
CHRISTOPHER RYAN PEEK, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 31st District Court
Wheeler County, Texas
Trial Court No. 4726; Honorable Steven Emmert, Presiding
August 1, 2017
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
In November 2013, Appellant, Christopher Ryan Peek, was granted deferred
adjudication community supervision for three years and assessed a $500 fine for the
offense of possession of cocaine in an amount of one gram or more but less than four
grams.1 Eight months later, the State moved to proceed with adjudication for multiple
1
TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West 2017). The offense is a third degree
felony. Id.
violations of the conditions of community supervision. At a hearing on the State’s
motion, Appellant pleaded not true to two of the State’s allegations and true to the five
remaining allegations. After hearing testimony, the trial court found all allegations to be
true and proceeded to hear punishment evidence. The trial court then pronounced
Appellant guilty of the original offense and sentenced him to seven years confinement
and a $500 fine. In presenting this appeal, counsel has filed an Anders2 brief in support
of a motion to withdraw. We affirm.
In support of his motion to withdraw, counsel certifies he has conducted a
conscientious examination of the record, and in his opinion, it reflects no potentially
plausible basis for reversal of Appellant’s conviction. Anders v. California, 386 U.S.
738, 744-45, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); In re Schulman, 252 S.W.3d 403,
406 (Tex. Crim. App. 2008). Counsel candidly discusses why, under the controlling
authorities, the record supports that conclusion. See High v. State, 573 S.W.2d 807,
813 (Tex. Crim. App. [Panel Op.] 1978). Counsel has demonstrated that he has
complied with the requirements of Anders and In re Schulman by (1) providing a copy of
the brief to Appellant, (2) notifying him of the right to file a pro se response if he desired
to do so, and (3) informing him of the right to file a pro se petition for discretionary
review. In re Schulman, 252 S.W.3d at 408.3 By letter, this court granted Appellant an
2
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
3
Notwithstanding that Appellant was informed of his right to file a pro se petition for discretionary
review upon execution of the Trial Court’s Certification of Defendant’s Right of Appeal, counsel must
comply with Rule 48.4 of the Texas Rules of Appellate Procedure which provides that counsel shall within
five days after this opinion is handed down, send Appellant a copy of the opinion and judgment together
with notification of his right to file a pro se petition for discretionary review. In re Schulman, 252 S.W.3d
at 408 n.22 & 411 n.35. The duty to send the client a copy of this court’s decision is an informational one,
not a representational one. It is ministerial in nature, does not involve legal advice, and exists after the
court of appeals has granted counsel’s motion to withdraw. Id. at 411 n.33.
2
opportunity to exercise his right to file a response to counsel’s brief, should he be so
inclined. Id. at 409 n.23. Appellant did not file a response. Neither did the State favor
us with a brief.
BACKGROUND
Appellant, a resident of Colorado, was traveling with a friend from Oklahoma to
Colorado when his friend was stopped for speeding. Appellant was arrested for
possession of cocaine. After he was granted deferred adjudication community
supervision for the offense, he was transferred to Colorado for supervision under an
interstate compact agreement.
At the hearing on the State’s motion to adjudicate, Appellant’s community
supervision officer offered testimony to support the allegations to which Appellant
entered pleas of not true—failure to report and consumption of drugs which are illegal in
Texas. She testified that Appellant reported in November and December 2013 but
failed to report from January 2014 through June 2014. Appellant had stopped reporting
because his urinalysis tested positive for marihuana use at least three times.
Appellant testified in his own defense. He admitted that he only reported twice in
2013. He also admitted to using marihuana for medicinal purposes (to treat ADD/ADHD
and bipolar disorder) with a Colorado prescription card.4 He testified that he ceased
using marihuana on the advice of his community supervision officer but explained that
his urinalysis test results were positive because it would take “at least a month to a
month and a half for everything to go down.”
4
When asked by the trial judge where his medical card for marihuana was, Appellant answered
that it was in Colorado.
3
STANDARD OF REVIEW
An appeal from a court’s order adjudicating guilt is reviewed in the same manner
as a revocation hearing. See TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5(b) (West
Supp. 2016). When reviewing an order revoking community supervision imposed under
an order of deferred adjudication, the sole question before this court is whether the trial
court abused its discretion. Hacker v. State, 389 S.W.3d 860, 865 (Tex. Crim. App.
2013) (citing Rickels v. State, 202 S.W.3d 759, 763 (Tex. Crim. App. 2006)). In a
revocation proceeding, the State must prove by a preponderance of the evidence that
the defendant violated a condition of community supervision as alleged in the motion to
revoke. Cobb v. State, 851 S.W.2d 871, 874 (Tex. Crim. App. 1993). In a revocation
context, “a preponderance of the evidence” means “that greater weight of the credible
evidence which would create a reasonable belief that the defendant has violated a
condition of his [community supervision].” Hacker, 389 S.W.3d at 865 (citing Rickels,
202 S.W.3d at 764). The trial court abuses its discretion in revoking community
supervision if, as to every ground alleged, the State fails to meet its burden of proof.
Cardona v. State, 665 S.W.2d 492, 494 (Tex. Crim. App. 1984). In determining the
sufficiency of the evidence to sustain a revocation, we view the evidence in the light
most favorable to the trial court’s ruling. Jones v. State, 589 S.W.2d 419, 421 (Tex.
Crim. App. 1979). Additionally, a plea of true standing alone is sufficient to support a
trial court=s revocation order. Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App.
1979).
4
ANALYSIS
By the Anders brief, counsel discusses potential issues. He then candidly
concedes they do not present reversible error.
We have independently examined the record to determine whether there are any
non-frivolous issues which might support the appeal. See Penson v. Ohio, 488 U.S. 75,
80, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); In re Schulman, 252 S.W.3d at 409;
Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We have found no such
issues. See Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). After
reviewing the record and counsel’s brief, we agree with counsel that there is no
plausible basis for reversal of Appellant’s conviction. See Bledsoe v. State, 178 S.W.3d
824, 826-27 (Tex. Crim. App. 2005).
CONCLUSION
Accordingly, the trial court’s judgment is affirmed and counsel's motion to
withdraw is granted.
Patrick A. Pirtle
Justice
Do not publish.
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