In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
No. 09-18-00276-CR
____________________
CAMERON EDWARD GRUBBS, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 16-25542
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MEMORANDUM OPINION
In this appeal, Cameron Edward Grubbs’ court-appointed appellate counsel
submitted a brief in which counsel contends that no arguable grounds can be
advanced to support Grubbs’ appeal from his conviction for harassing a public
servant.1 Based on our review of the record, we agree that no arguable issues exist
to support Grubbs’ appeal.
1
See Tex. Penal Code Ann. § 22.11(a)(3) (West Supp. 2018).
1
On appeal, Grubbs’ appellate counsel filed an Anders brief presenting
counsel’s professional evaluation of the record.2 In the brief, counsel concludes that
no meritorious issues can be argued to support Grubbs’ appeal. After receiving the
Anders brief, we granted an extension of time so that Grubbs could file a pro se
response. However, Grubbs did not file one.
The record from the court below shows that in August 2016, a Jefferson
County Grand Jury indicted Grubbs for harassing a public servant.3 In September
2016, Grubbs judicially admitted that he was guilty of the offense. In October 2016,
based on Grubbs’ plea agreement with the State, the trial court deferred further
proceedings, did not adjudicate Grubbs’ guilt, and placed Grubbs on community
supervision for five years.
In February 2018, the State filed a motion to revoke the order the trial court
used to place Grubbs on unadjudicated-probation. In its motion, the State alleged
that Grubbs had violated the conditions of the order in six ways, which the State’s
motion described. In April 2018, the trial court conducted a hearing so Grubbs could
2
See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d
807 (Tex. Crim. App. 1978).
3
See Tex. Penal Code Ann. § 22.11(a)(3).
2
present his pleas to the allegations in the State’s motion to revoke. During the April
hearing, Grubbs pleaded “true” to two of the violations of the order based on the
allegations in the State’s motion.
Approximately two months later, the trial court conducted an evidentiary
hearing on the motion to revoke.4 At the conclusion of the hearing, the trial court
found that Grubbs had violated the conditions of the court’s deferred-adjudication
order on a total of five grounds, which included the grounds relevant to the ones on
which Grubbs pleaded true. After finding five of the violations to be true, the trial
court pronounced Grubbs guilty of harassing a public servant. The trial court then
sentenced Grubbs to prison for four years. 5
After reviewing the appellate record and the Anders brief filed by Grubbs’
counsel, we agree with counsel’s conclusion that any appeal would be without
4
In the hearing, the State abandoned one of the grounds on which it claimed
that Grubbs had violated the conditions of the court’s deferred-adjudication order.
5
A conviction for harassing a public servant is a third-degree felony. Tex.
Penal Code Ann. § 22.11(b) (West Supp. 2018).
3
merit. 6 Thus, we need not order the appointment of new counsel to re-brief Grubbs’
appeal. 7 Because Grubbs’ appeal is frivolous, we affirm the trial court’s judgment.8
AFFIRMED.
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HOLLIS HORTON
Justice
Submitted on November 21, 2018
Opinion Delivered March 13, 2019
Do Not Publish
Before Kreger, Horton and Johnson, JJ.
6
See Tapia v. State, 462 S.W.3d 29, 31 n.2 (Tex. Crim. App. 2015) (“A plea
of true, standing alone, is sufficient to support the revocation of community
supervision and adjudicate guilt.”).
7
Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (requiring
court appointment of other counsel only if it is determined arguable grounds exist to
support the appeal).
8
Grubbs may challenge our decision in the case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
4