Wasmecia Wyshinell Jeffery v. State

In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-18-00029-CR WASMECIA WYSHINELL JEFFERY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 26846 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION In 2016, Wasmecia Wyshinell Jeffery pled guilty to, and was convicted of, delivery of a controlled substance, cocaine, of less than one ounce in a drug-free zone. Pursuant to a plea agreement, Jeffery’s ten-year sentence was suspended, and she was placed on community supervision for ten years. On January 16, 2018, Jeffery’s community supervision was revoked, and she was sentenced to eight years’ imprisonment. Jeffery’s appellate attorney filed a brief setting out the procedural history of the case, summarizing the evidence elicited during the course of the trial court proceedings, and concluding that the appellate record presents no arguable grounds to be raised on appeal. Counsel has filed a brief pursuant to Anders v. California and has provided a professional evaluation of the record demonstrating why there are no plausible appellate issues to be advanced. See Anders v. California, 386 U.S. 738, 743–44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal. Counsel sent a copy of the brief to Jeffery, provided her with a copy of the record, advised Jeffery of her right to review the record and to file a pro se response, and advised her of the deadline to file her response. On May 24, this Court advised Jeffery that her case would be submitted to the Court on June 14. Jeffery had filed neither a pro se response nor a motion requesting an extension of time in which to file such a response. 2 We have determined that this appeal is wholly frivolous. We have reviewed the entire appellate record and have independently determined that no reversible error exists. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). In the Anders context, once we determine that the appeal is without merit, we must affirm the trial court’s judgment. Id. We affirm the trial court’s judgment.1 Josh R. Morriss, III Chief Justice Date Submitted: June 14, 2018 Date Decided: June 26, 2018 Do Not Publish 1 Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute counsel will be appointed. Should appellant desire to seek further review of this case by the Texas Court of Criminal Appeals, she 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 (1) must be filed within thirty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 68.4. 3