Frank Gene Morgan v. State ( 2020 )

Opinion issued April 30, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00052-CR
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FRANK GENE MORGAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 405th District Court
Galveston County, Texas
Trial Court Cause No. 17-CR-2977
MEMORANDUM OPINION
Appellant, Frank Gene Morgan, pleaded guilty, with an agreed
recommendation from the State, to the offense of possession of a controlled
substance, a third-degree felony. See TEX. HEALTH & SAFETY CODE § 481.115(c).
The trial court found sufficient evidence to find appellant guilty, but deferred making
any finding regarding appellant’s guilt and placed appellant on community
supervision for a period of four years. See TEX. CODE CRIM. PROC. art. 42A.101.
The State then filed a motion to adjudicate appellant’s guilt alleging multiple
violations. See id. art. 42A.108. Appellant pleaded not true to the alleged violations.
After a hearing, the trial court found that appellant committed violations of his
community supervision, adjudicated appellant guilty, and sentenced appellant to
seven years in prison. See id.; TEX. PENAL CODE § 12.34(a). Appellant timely filed
a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw, along
with a brief stating that the record presents no reversible error and the appeal is
without merit and is frivolous. See Anders v. California, 386 U.S. 738 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. 386 U.S. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim.
App. 1978). Counsel indicates that he has thoroughly reviewed the record and he is
unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S.
at 744; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.]
2006, no pet.).
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
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for review, and the appeal is frivolous. See Anders, 386 U.S. at 744 (emphasizing
that reviewing court—and not counsel—determines, after full examination of
proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763,
767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable
grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim.
App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines
whether arguable grounds exist by reviewing entire record). We note that an
appellant may challenge a holding that there are no arguable grounds for appeal by
filing a petition for discretionary review in the Texas Court of Criminal Appeals.
See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.1 Attorney Zachary S. Maloney must immediately send appellant the
required notice and file a copy of the notice with the Clerk of this Court. See TEX.
R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Kelly and Goodman.
Do not publish. TEX. R. APP. P. 47.2(b).
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).
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