In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-21-00007-CR
CALEB JOHN-PAUL CORDELL, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 35th District Court
Mills County, Texas1
Trial Court No. 3292, Honorable Stephen Ellis, Presiding
December 22, 2021
MEMORANDUM OPINION
Before PIRTLE and PARKER and DOSS, JJ.
Appellant, Caleb John-Paul Cordell, was charged with five counts of sexual assault
of a child, a second-degree felony.2 Pursuant to a plea bargain, appellant pleaded guilty
to the charges on February 13, 2019. The trial court sentenced appellant to ten years’
confinement and placed appellant on community supervision for a term of ten years.
1 Pursuant to the Texas Supreme Court’s docket equalization efforts, this case was transferred to
this Court from the Third Court of Appeals. See TEX. GOV’T CODE ANN. § 73.001.
2 See TEX. PENAL CODE ANN. § 22.011.
During the period of community supervision, the State filed a motion to proceed to
adjudication of guilt alleging that appellant had committed eleven violations of the
conditions of his community supervision. At a hearing on an amended motion, appellant
entered a plea of “not true” to the State’s allegations. The trial court found appellant had
violated several conditions of community supervision, revoked his community
supervision, and adjudicated his guilt. After a punishment hearing in October of 2020,
the trial court sentenced appellant to ten years’ confinement. Appellant then brought this
appeal.
Appellant’s counsel on appeal has filed a motion to withdraw supported by an
Anders3 brief. We grant counsel’s motion and affirm the judgment of the trial court.
Counsel has certified that he has conducted a conscientious examination of the record
and, in his opinion, the record reflects no reversible error upon which an appeal can be
predicated. Anders, 386 U.S. at 744; In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim.
App. 2008). In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App.
[Panel Op.] 1978), counsel has discussed why, under the controlling authorities, the
record presents no reversible error. In a letter to appellant, counsel notified him of his
motion to withdraw; provided him with a copy of the motion, Anders brief, and motion for
pro se access to the appellate record; and informed him of his right to file a pro se
response. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014) (specifying
appointed counsel’s obligations on the filing of a motion to withdraw supported by an
Anders brief). By letter, this Court also advised appellant of his right to file a pro se
3 See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
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response to counsel’s Anders brief. Appellant has not filed a response. The State has
not filed a brief.
By his Anders brief, counsel discusses areas in the record where reversible error
may have occurred but concludes that the appeal is frivolous. We have independently
examined the record to determine whether there are any non-frivolous issues that were
preserved in the trial court which might support an appeal but, like counsel, we have found
no such issues. 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; Gainous v. State, 436 S.W.2d 137, 138 (Tex.
Crim. App. 1969). Following our review of the appellate record and counsel’s brief, we
conclude there are no plausible grounds for appellate review.
Therefore, we grant counsel’s motion to withdraw.4 The judgment of the trial court
is affirmed.
Judy C. Parker
Justice
Do not publish.
4 Counsel shall, within five days after the opinion is handed down, send appellant a copy of the
opinion and judgment, along with notification of appellant’s right to file a pro se petition for discretionary
review. See TEX. R. APP. P. 48.4. This duty 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. In re Schulman, 252 S.W.3d at 411 n.33.
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