Case Information
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1038.15
NO. A14552-1319 IN THE ORIGINAL
COURT OF CRIMINAL APPEALS
OF TEXAS
THE STATE OF TEXAS
Petition in Cause No. A14552-131D from the GYN Judicial District Court of Yale County, Texas and Case No. 07-14-00435 CR in the Court of Appeals for the Seventh Supreme Judicial District of Texas of Anarillo Texas
PETITION FOR DISCRETIONARY REVIEW
RECEIVED IN COURT OF CRIMINAL APPEALS AU5 042015
AbelAcosta, Clerk
*2 TABLE OF CONTENTS TABLE OF CONTENTS INDEX OF AUTHORITIES STATEMENT REGARDING ORAL ARGUMENT STATEMENT OF THE CASE STATEMENT OF PROCEDURAL HISTORY QUESTIONS FOR REVIEW.
- See attached Examples
REASONS FOR REVIEW PRAYER FOR RELIEF. CERTIFICATE OF SERVICE. APPENDIX.
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NO. 01-14-00425-CR
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
Tino/he Carl Moresor
[APPELLANT]
Petitioner
v.
THE STATE OF TEXAS
Petition in Cause No. 41952 - 1300 from the (4) Judicial District Court of Hele county, Texas and Case No. 07-41-00425-CR in the Court of Appeals for the Seventh Supreme Judicial District of Texas
at Amarillo Texas
PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS: [APPELLANT] petitions the Court to review the judgment affirming his conviction for the degree felony of 8500 buliess and punishment assessed at perrs years confinement in the TDCJ-ID.
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STATEMENT REGARDING ORAL ARGUMENT
The grounds for review set forth in this petition concern . Oral argument would be helpful to the Court in determining an important constitutional issue, i.e., .
STATEMENT OF THE CASE
The issues in this case concern Tion Manşan .
STATEMENT OF PROCEDURAL HISTORY
Petitioner was charged by indictment with the degree felony offense of norethan 350 butles the jury convicted Petitioner of the offense of the prapering and sentenced Petitioner to a term in the Texas Department of Criminal Justice - Institutional Division for a period of 30 months . Petitioner appealed the conviction to the Seventh Court of Appeals.
The Seventh Court of Appeals rendered its decision affirming Petitioner's conviction on . No motion for rehearing was filed by Petitioner.
QUESTIONS FOR REVIEW
1 . 2.
ARGUMENT
PRAYER FOR RELIEF
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WHEREFORE, PREMISES CONSIDERED, Petitioner prays that this Court grant this petition, and upon reviewing the judgment entered by the Seventh Court of Appeals, reverse the judgment of the Court of Appeals and remand this cause with instructions to
Respectfully submitted,
2.
[APPEL EANT], PETITIONER
Certificate of Service
I hereby certify that a true copy of the foregoing instrument was provided to all counsel of record in this matter on the day of , in accordance with the Texas Rules of Appellate Procedure.
State Prosecuting Attorney P. O. Box 12405
Austin, Texas 78711 County District Attorney
2nally Maje
Petititier
*6 In The Court of Appeals Sebenth Bistrict of Texas at Amarillo
No. 07-14-00425-CR
TIMOTHY EARL MANGRAM, APPELLANT V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 64th District Court Hale County, Texas Trial Court No. A19552-1310, Honorable Robert W. Kinkaid, Jr., Presiding
June 30, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant, Timothy Earl Mangram, entered a plea of guilty on February 12, 2014, to the offense of theft of property with a value of 20,000.¹
Pursuant to a plea agreement, the trial court found the evidence sufficient to find appellant guilty; however, the trial court deferred final adjudication and placed appellant on community supervision for a period of five years. Subsequently, on April 14, 2014, the State filed a motion to adjudicate appellant guilty. Trial on the State's motion
¹ See Tex. Penal Code Ann. § 31.03(a), (e)(4)(A) (West Supp. 2014).
*7 occurred on November 7, 2014, and appellant entered a plea of true to one allegation contained in the State's motion to adjudicate. Ultimately, the trial court found all six allegations true and, after a separate punishment hearing, assessed appellant's punishment at confinement in a State Jail Facility for 20 months. Appellant appeals the trial court's judgment. We will affirm.
Appellant's attorney has filed an Anders brief and a motion to withdraw. Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 498 (1967). In support of his motion to withdraw, counsel certifies that he has diligently reviewed the record, and in his opinion, the record reflects no reversible error upon which an appeal can be predicated. Id. at 744-45. In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. 1978), counsel has candidly discussed why, under the controlling authorities, there is no error in the trial court's judgment.
By his Anders brief, counsel raises grounds that could possibly support an appeal, but concludes the appeal is frivolous. We have reviewed these grounds and made an independent review of the entire record to determine whether there are any arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005). We have found no such arguable grounds and agree with counsel that the appeal is frivolous. [2]
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BRIAN QUINN Chief Justice JAMES T. CAMPBELL Justice MACKEY K. HANCOCK Justice PATRICK A. PIRTLE Justice
Court of Appeals
Seventh District of Texas Bitter County Courts Building 501 S. Willmore, Suite 2-A Amarillo, Texas 79101-2449 twiato.txcourt.s.gate/7thcoa.aspx
(906) 342-2630
June 30, 2015 James B. Johnston EASTERWOOD BOYD &; SIMMONS, P.C. P.O. Box 273
Hereford, TX 79045
- DELIVERED VIA E-MAIL *
RE: Case Number: 07-14-00425-CR Trial Court Case Number: A19552-1310 Style: Timothy Earl Mangram v. The State of Texas Dear Counsel: The Court this day issued an opinion and judgment in the captioned cause. TEX. R. APP. P. 48.
In addition, pursuant to Texas Government Code, Sec. 51.204(b)(2), exhibits on file with this Court, if any, will be destroyed three years after final disposition of the case or at an earlier date if ordered by the Court.
Very truly yours,
xc: Honorable Robert W. Kinkaid, Jr. (DELIVERED VIA E-MAIL) Carla Cannon (DELIVERED VIA E-MAIL) Timothy Earl Mangram
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No. 07-14-00425-CR
| Timothy Earl Mangram | § | From the 64th District Court | | :-- | :-- | :-- | | Appellant | | of Hale County | | v. | | June 30, 2015 | | The State of Texas | | Opinion by Justice Hancock | | Appellee | § | |
J U D G M E N T
Pursuant to the opinion of the Court dated June 30, 2015, it is ordered, adjudged and decreed that the judgment of the trial court be affirmed.
Inasmuch as this is an appeal in forma pauperis, no costs beyond those that have been paid are adjudged.
It is further ordered that this decision be certified below for observance.
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Counsel has certified that he has provided appellant a copy of the Anders brief and motion to withdraw and appropriately advised appellant of his right to file a pro se response in this matter. Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). The Court has also advised appellant of his right to file a pro se response. Additionally, appellant's counsel has certified that he has provided appellant a copy of the record to use in preparation of a pro se response. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Appellant has filed a response.
We have reviewed this response by appellant. We have found no arguable grounds contained in the response. Appellant's sole contention is that the State alleged more instances of failing to meet curfew than actually occurred. However, appellant does not address any of the other terms and conditions of community supervision that the State's motion to adjudicate addresses. Proof of violation of a single term and condition of community supervision is sufficient to support a trial court's decision to adjudicate. See Sanchez v. State, 603 S.W.2d 869, 871 (Tex. Crim. App. [Panel Op.] 1980). Accordingly, appellant fails to raise an arguable ground in his response.
Counsel's motion to withdraw is hereby granted, and the trial court's judgment is affirmed.
Mackey K. Hancock Justice
Do not publish.
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NOTES
Counsel shall, within five days after this opinion is handed down, send his client 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.