Case Number: 03-17-00511-CR

Judge: Jeff Rose

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Plaintiff's Attorney: The Honorable Stacey M. Soule
Ms. Tiffany Sheppard

Defendant's Attorney: Steward Kirk Hawkins

Description: Brandon Rene Gonzales appeals the revocation of his deferred adjudication
community supervision and adjudication of guilt for engaging in organized criminal activity
involving burglary of a building. See Tex. Penal Code §§ 30.02, 71.02(a). At a hearing on the
motion to adjudicate, Gonzales pleaded “true” to the allegations in subparagraphs 2, 3, and 5 of
paragraph III in the motion to revoke and “not true” to subparagraphs 1, 4, and 6. The district court
found that all allegations in the motion to revoke were true and assessed punishment at five years’
imprisonment. The court certified that Gonzales has the right of appeal.
Gonzales’s court-appointed attorney has filed a motion to withdraw supported by a
brief addressing this appeal and concluding that this appeal is frivolous and without merit. The brief
meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a
professional evaluation of the record in this cause demonstrating why there are no arguable appellate
grounds to be advanced. See id.; see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State, 573
S.W.2d 807, 811-13 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim. App.
1974); Jackson v. State, 485 S.W.2d 553, 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d
137, 138 (Tex. Crim. App. 1969). Counsel sent a copy of the brief to Gonzales, advised him of his
right to examine the appellate record in this cause and to file a pro se brief, and supplied Gonzales
with a form motion for pro se access to the appellate record. See Anders, 386 U.S. at 744; Kelly v.
State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Gonzales did not file a pro se brief and did
not request an extension of time to do so.

Outcome: We have reviewed the record in this cause and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that this appeal is frivolous. Counsel’s motion to withdraw is granted. The judgment adjudicating guilt is affirmed.

Plaintiff's Experts:

Defendant's Experts:

Comments: