ACCEPTED
06-16-00108-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/1/2016 9:54:25 AM
DEBBIE AUTREY
CLERK
NO. 06-16-00108-CR
IN THE COURT OF APPEALS FILED IN
6th COURT OF APPEALS
TEXARKANA, TEXAS
SIXTH APPELLATE DISTRICT OF TEXAS
7/1/2016 9:54:25 AM
DEBBIE AUTREY
AT TEXARKANA, TEXAS Clerk
TODD OKEITH SMITH,
Appellant
VS.
THE STATE OF TEXAS,
Appellee
Appealed from the 276th Judicial District Court
Marion County, Texas
Trial Court Cause No. F14488
BRIEF OF APPELLANT IN SUPPORT OF
MOTION TO WITHDRAW
Submitted by:
James P. Finstrom
Counsel for Appellant
P.O. Box 276
Jefferson, Texas 75657
903-665-7111
Fax: 903-665-7167
State Bar #07038000
APPELLANT DOES NOT REQUEST ORAL ARGUMENT
IDENTITY OF PARTIES AND COUNSEL
Pursuant to T.R.A.P. 38.1(a)
Appellant: Todd Okeith Smith
Institutional Division of Texas Department
of Criminal Justice
Joe F. Gurney Unit
1385 FM 3328
Palestine, Texas 75803
Counsel for Appellant at trial:
Hon. William T. Hughey
P. O. Box 2012
Marshall, Texas 75671
Counsel for Appellant on appeal:
Hon. James P. Finstrom
P.O. Box 276
Jefferson, Texas 75657
State’s Counsel at trial and on appeal:
Hon. Angela Smoak
102 West Austin Street
Jefferson, Texas 75657
Trial Judge:
Hon. Robert Rolston, Judge,
276th Judicial District Court
Marion County, Texas
2
TABLE OF CONTENTS
Pursuant to T.R.A.P. 38.1(b)
Page
IDENTITY OF PARTIES AND COUNSEL 2
TABLE OF CONTENTS 3
INDEX OF AUTHORITIES 4
STATEMENT OF THE CASE 5
ISSUE PRESENTED 6
ISSUE NO. 1: DOES THE ISSUE WHETHER THE
EVIDENCE IS SUFFICIENT TO SUSTAIN THE COURT’S
ORDER ADJUDICATING APPELLANT’S GUILT HAVE
MERIT ON APPEAL?
ISSUE NO. ONE (Restated) 6
DOES THE ISSUE WHETHER THE EVIDENCE IS
SUFFICIENT TO SUSTAIN THE COURT’S ORDER
REVOKING APPELLANT’S DEFERRED ADJUDICATION
HAVE MERIT ON APPEAL?
SUMMARY OF THE ARGUMENT 6
ARGUMENT (Issue No. 1) 6
PRAYER 7
CERTIFICATE OF SERVICE 8
CERTIFICATE OF COMPLIANCE 8
3
INDEX OF AUTHORITIES
Pursuant to T.R.A.P. 38.1(c)
Cases: Page
Burns v. State, 835 S.W.2d 733 7
(Tex.App.—Corpus Christi 1992, p.d.r. ref.)
Gobell v. State, 528 S.W.2d 223 7
(Tex.Crim.App. 1975)
Jones v. State, 571 S.W.2d 191 7
(Tex.Crim.App. 1978)
Statutes:
All references to Texas statutes, rules, etc. are to the latest
edition published by West Publishing Company, unless otherwise
noted.
4
STATEMENT OF THE CASE
Pursuant to T.R.A.P. 38.1(d)
Appellant was placed on deferred adjudication for ten (10)
years on May 4, 2015. (CR 10) The State filed State’s Motion to
Proceed with an Adjudication of Guilt on February 22, 2016. (See
Supplemental Clerk’s Record) The trial court heard the Motion on
May 13, 2016. (CR 3-4) Appellant pleaded true to allegations 1 2,
and 4 and not true to allegation 3 in the Motion To Revoke. (CR 10-
11, RR 11-13) The trial court found allegations to be true and
adjudicated Appellant and sentenced him to 15 years confinement in
the Institutional Division of the Texas Department of Criminal Justice.
Appellant gave timely notice of appeal June 10, 2016. (CR 10-11)
Counsel was appointed to represent Appellant on appeal on June 23,
2016. (CR 4) Counsel for Appellant believes that the appeal of this
cause is without merit and submits this brief with his motion to
withdraw from representation in this cause.
Counsel for Appellant is sending a copy of this Brief and a copy
of the clerk’s transcript and court reporter’s record to Appellant the
date this Brief is filed.
5
ISSUES PRESENTED
Pursuant to T.R.A.P. 38.1(e)
ISSUE NO 1: DOES THE ISSUE WHETHER THE EVIDENCE IS
SUFFICIENT TO SUSTAIN THE COURT’S ORDER ADJUDICATING
APPELLANT’S DEFERRED ADJUDICATION HAVE MERIT ON
APPEAL?
ISSUE NO. ONE
(Restated)
DOES THE ISSUE WHETHER THE EVIDENCE IS SUFFICIENT TO
SUSTAIN THE COURT’S ORDER ADJUDICATING APPELLANT’S
DEFERRED ADJUDICATION HAVE MERIT ON APPEAL?
SUMMARY OF THE ARGUMENT
Pursuant to T.R.A.P. 38.1(g)
Appellant discerns no potential issues to be raised on the
appeal of this cause other than the sufficiency of evidence to support
the judgment of the trial court finding Appellant guilty and adjudicating
him and sentencing him to fifteen (15) years confinement in the
Institutional Division of the Texas Department of Criminal Justice.
ARGUMENT
Pursuant to T.R.A.P. 38.1(h)
Issue No. 1
Appellant entered pleas of true to three of the allegations of the
motion to adjudicate filed against him. (RR 11-13) These alone are
sufficient to sustain the trial court’s order adjudicating and sentencing
6
him. See Jones v. State, 571 S.W.2d 191, 193-94 (Tex.Crim.App.
1978; Gobell v. State, 528 S.W.2d 223, 224 (Tex.Crim.App. 1975);
Burns v. State, 835 S.W.2d 733 (Tex.App.—Corpus Christi 1992,
p.d.r. ref.) There are no other issues legal presented in connection
with the revocation proceeding which might arguably result in reversal
of the trial court’s order revoking probation.
PRAYER
Upon the issues presented, counsel for Appellant, Todd Okeith
Smith, is of the opinion that Appellant’s appeal is without merit in this
case, prays that he be permitted to withdraw in this case and for such
other and further relief to which Appellant may be entitled.
Respectfully submitted,
_/s/James P. Finstrom____
James P. Finstrom
Counsel for Appellant
202 S. Marshall,
P.O. Box 276
Jefferson, Texas 75657
903-665-7111
Fax: 903-665-7167
Texas Bar #07038000
7
CERTIFICATE OF SERVICE
I certify that I have delivered a true copy of this brief to Hon.
Angela Smoak, counsel for the State, and to Appellant by United
States mail, first class postage prepaid, at the Joe G. Gurney Unit,
1385 FM 3328, Palestine, Texas 75803, on this 1st day of July, 2016.
__/s/James P. Finstrom___
James P. Finstrom
CERTIFICATE OF COMPLIANCE
I certify that Appellant’s Brief filed electronically on this 1st day
of July, 2016 complies with Tex. R. App. P. 9.4(i)(2)(B). This Brief
contains 900 words.
/s/ James P. Finstrom
James P. Finstrom
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Todd Okeith Smith v. State
Combined Opinion