ACCEPTED
12-15-00168-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
9/15/2015 2:18:50 PM
Pam Estes
CLERK
IN THE COURT OF APPEALS
TWELFTH APPELLATE DIVISION
STATE OF TEXAS
RECEIVED IN
12th COURT OF APPEALS
TAZZIE MAE GRAY, § TYLER, TEXAS
APPELLANT § 9/15/2015 2:18:50 PM
§ PAM ESTES
v. § No. Clerk
12-15-00168-CR
§
THE STATE OF TEXAS, §
APPELLEE §
9/15/2015
___________________________________________________
APPELLANT’S BRIEF
___________________________________________________
On appeal from Cause Number F1118811
in the 145th District Court, Nacogdoches County, Texas
Honorable Judge Campbell Cox Presiding
Respectfully submitted,
Dean Watts
Attorney for Appellant
SBN # 24003143
120 East Pilar Street
Nacogdoches, Texas 75961
(936) 559-9288
Fax (936) 559-0959
IDENTITY OF PARTIES & COUNSEL
Appellant ......................................................... Tazzy Mae Gray
Dan Simmons
TRIAL COUNSEL
Dean Watts
APPELLATE COUNSEL
Appellee ........................................................... The State of Texas
Nicole Lostracco
TRIAL & APPELLATE COUNSEL
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TABLE OF CONTENTS
IDENTITY OF PARTIES & COUNSEL............................................................................. i
INDEX OF AUTHORITIES .............................................................................................. iii
STATEMENT OF THECASE ............................................................................................ 1
ISSUE PRESENTED .......................................................................................................... 1
STATEMENT OF THE CASE……………………………………………………………1
SUMMARY OF THE ARGUMENT .................................................................................. 1
ARGUMENT.......................................................................................................................2
PRAYER FOR RELIEF.................................................................. ...................................2
CERTIFICATE OF SERVICE ………………………………………………….………...3
ii
INDEX OF AUTHORITIES
Page:
Case Law:
Anders v. California, 386 U.S. 738 (1967)…………….……………............................2
iii
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COMES NOW the Appellant in this cause, by and through his attorney of record,
Dean Watts, and pursuant of the provisions of TEX.R.APP.PRO. 38, et seq., files this
brief on appeal.
STATEMENT OF THE CASE
On August 16, 2012, the Appellant pled guilty to the offense of unlawful restraint:
exposure to serious bodily injury, a second degree felony, and was sentenced to ten years
probated for ten years. On June 11, 2015, Appellant pled true to violating the terms of her
probation. (Vol.1, p.6, 8). On the same day, the Court found the Appellant to have
violated her probation and sentenced her to confinement for a term of 10 years (Vol.1,
p.42). The Appellant timely filed a notice of appeal on June 15, 2015.
STATEMENT OF FACTS
On June 11, 2015, a probation revocation hearing was held in which the Appellant
pled true to violating her probation by failing to report, violating her curfew, drinking
alcohol, failing to attend mental health care appointments, and failing to pay probation
fees, costs, and fines. (Vol.1 p. 6, 8, 14). A subsequent punishment hearing was held in
which the Appellant was sentenced to 10 years imprisonment (Vol.1, p.42). There were
no substantive objections during the hearing.
SUMMARY OF THE ARGUMENT
After a careful review of the record, it appears to Appellate Counsel that there
does not seem be errors that could support an appeal in this case. In such cases as this, it
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is the duty of Appellate Counsel to inform the Court that in Counsel’s opinion, no good
faith basis for appeal exists and Appellate Counsel now so informs the Court.
ARGUMENT
The Appellant pled true at her probation revocation hearing to violating her
probation, so there were no legal issues regarding the evidence of Appellant’s probation
being violated. (Vol. 1, p. 6, 8, 14). Therefore, the only issues that could be appealed
would involve error at the punishment phase of trial.
At the punishment hearing, a probation officer testified about Appellant’s various
probation violations (Vol.1, p. 7-21). A second probation officer testified about her
curfew violations (Vol, p. 21-23. A Burke Center employee testified about the
Appellant’s failure for mental health treatment (Vol.1, p. 23-25).The Appellant testified
about the allegations, and told the Court about mitigating circumstances surrounding
those violations (Vol.1, p. 26-37). There were no objections from either side regarding
this testimony. At the conclusion of the hearing, the Court gave the Appellant a ten year
sentence, which was within the legal punishment range for her case (Vol 1, p. 42). As
such, there does not appear to be any valid legal errors which could be raised at the
punishment phase of Appellant’s trial.
Consequently, after a careful review of the record, Counsel finds nothing that
“might arguably support the appeal”. Anders v. California, 386 U.S. 738 (1967).
PRAYER
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WHEREFORE, PREMISES CONSIDERED, Counsel respectfully prays that this
Court permit him to withdraw after this Court’s own examination of the record in this
cause to afford Appellant his right to file any pro se brief he may wish to file.
Respectfully submitted,
/s/ Dean Watts
Dean Watts
Attorney for the Appellant
SBN 24003143
120 East Pilar Street
Nacogdoches, Texas 75961
(936) 559-9288
Fax (936) 559-0959
CERTIFICATE OF SERVICE
A true copy of the State’s brief has been provide by electronic delivery to the Attorney for
the State at 101 West Main Street, Nacogdoches, Texas 75961, and by mail to Tazzie Mae Gray,
Appellant, TDCJ #02003574 at 904 FM 686; Dayton, TX 77535 , on September 15, 2015.
/s/ Dean Watts
Dean Watts
Attorney for Appellant
CERTIFICATE OF COMPLIANCE
In accordance with Rule 9.4 of the Texas Rules of Appellate Procedure, I certify that the
total number of words in this document are 802 words.
/s/ Dean Watts
Dean Watts
Attorney for Appellant
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