IN THE
TENTH COURT OF APPEALS
No. 10-19-00074-CR
CHAZ ANTHONY PHILLIP JONES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 413th District Court
Johnson County, Texas
Trial Court No. F50789
MEMORANDUM OPINION
Chaz Anthony Phillip Jones pled guilty to the offense of Possession of a Controlled
Substance under 1 gram. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West 2011).
After a bench trial on punishment, the trial court sentenced Jones to 2 years in State Jail,
suspended the sentence, and placed Jones on community supervision for 2 years.
Jones’s appellate attorney filed a motion to withdraw and an Anders brief in
support of the motion to withdraw, asserting that the appeal presents no issues of
arguable merit. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
Counsel advised Jones that counsel had filed the motion and brief pursuant to Anders,
advised Jones of his right to review the record, and advised Jones of his right to submit a
response on his own behalf. Jones did not submit a response.
Counsel asserts in the Anders brief that counsel has made a thorough review of the
entire record, including the indictment, the guilty plea, and the punishment assessed.
After the review, counsel concludes there is no non-frivolous issue to raise in this appeal.
Counsel's brief evidences a professional evaluation of the record for error, and we
conclude that counsel performed the duties required of appointed counsel. See Anders,
386 U.S. at 744; High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978); see also In re
Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008).
Upon the filing of an Anders brief, as the reviewing appellate court, it is our duty
to independently examine the record to decide whether counsel is correct in determining
that an appeal is frivolous. See Anders, 386 U.S. at 744; Stafford v. State, 813 S.W.2d 503,
511 (Tex. Crim. App. 1991). Arguments are frivolous when they "cannot conceivably
persuade the court." McCoy v. Court of Appeals, 486 U.S. 429, 436, 108 S. Ct. 1895, 100 L.
Ed. 2d 440 (1988).
Having carefully reviewed the entire record and the Anders brief, we have
determined that this appeal is frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.
Crim. App. 2005). Accordingly, we affirm the trial court’s Judgment—Conviction—
Court (Waiver—Jury Trial) signed on August 9, 2017.
Jones v. State Page 2
Should Jones 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 must file a pro se petition for discretionary review. No substitute counsel will
be appointed. Any petition for discretionary review must be filed within thirty days from
the date of this opinion or the last timely motion for rehearing or timely motion for en
banc reconsideration has been overruled by this Court. See TEX. R. APP. P. 68.2. Any
petition and all copies of the petition for discretionary review must be filed with the Clerk
of the Court of Criminal Appeals. See TEX. R. APP. P. 68.3. (Tex. Crim. App. 1997, amended
eff. Sept. 1, 2011). Any petition for discretionary review should comply with the
requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P.
68.4. See also In re Schulman, 252 S.W.3d at 409 n.22.
Counsel's motion to withdraw from representation of Jones is granted, and
counsel is discharged from representing Jones. Notwithstanding counsel’s discharge,
counsel must send Jones a copy of our decision, notify him of his right to file a pro se
petition for discretionary review, and send this Court a letter certifying counsel's
compliance with Texas Rule of Appellate Procedure 48.4. TEX. R. APP. P. 48.4; see also In
re Schulman, 252 S.W.3d at 409 n.22.
TOM GRAY
Chief Justice
Jones v. State Page 3
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins1
Affirmed
Motion granted
Opinion delivered and filed February 27, 2019
Do not publish
[CR25]
1
The Honorable Al Scoggins, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the
Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003 (West 2013).
Jones v. State Page 4