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Stacy James Spencer v. The State of Texas

Date: 02-27-2020

Case Number: 04-19-00268-CR

Judge: Rebeca C. Martinez

Court: Fourth Court of Appeals San Antonio, Texas

Plaintiff's Attorney: Rebecca Gorham

Joe D. Gonzales

Defendant's Attorney:



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Appellant Stacy James Spencer pled guilty to the third-degree felony offense of assault of

a household member, which was enhanced to a second-degree felony by a prior assault conviction.

See TEX. PENAL CODE ANN. § 22.01(b). Spencer was sentenced on June 27, 2018, to ten years’

incarceration, which was suspended for ten years of community supervision. On September 19,

2018, the State filed a motion to revoke Spencer’s community supervision, which resulted in

Spencer’s conditions of community supervision being amended. On March 19, 2019, the State

filed a second motion to revoke Spencer’s community supervision. During a revocation hearing

held on April 18, 2019, Spencer pled “true” to violating two conditions of his community

supervision. After receiving Spencer’s sworn testimony, the trial court found the allegations that

Spencer violated conditions of his community supervision to be “true.” The trial court revoked

Spencer’s community supervision and reformed the sentence to six years’ imprisonment, crediting

Spencer for the time he served while incarcerated on the charge. Two months later, the trial court

signed a nunc pro tunc order that corrected the time credited. Spencer now appeals.

Spencer’s court-appointed attorney filed a brief containing a professional evaluation of the

record in accordance with Anders v. California, 386 U.S. 738 (1967), and a motion to withdraw.

Counsel concludes that the appeal has no merit. Counsel provided Spencer with a copy of the brief

and informed him of his right to review the record and to file his own brief. See Kelly v. State, 436

S.W.3d 313, 319 (Tex. Crim. App. 2014); see also Nichols v. State, 954 S.W.2d 83, 85–86 (Tex.

App.—San Antonio 1997, no pet.) (per curiam); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex.

App.—San Antonio 1996, no pet.). Spencer thereafter filed a pro se brief. After reviewing the

record, counsel’s brief, and Spencer’s pro se brief, we conclude there is no reversible error and

agree with counsel that the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826–

27 (Tex. Crim. App. 2005).
Outcome:
Accordingly, the judgment of the trial court is affirmed, and appellate counsel’s motion to withdraw is granted.
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Stacy James Spencer v. The State of Texas?

The outcome was: Accordingly, the judgment of the trial court is affirmed, and appellate counsel’s motion to withdraw is granted.

Which court heard Stacy James Spencer v. The State of Texas?

This case was heard in Fourth Court of Appeals San Antonio, Texas, TX. The presiding judge was Rebeca C. Martinez.

Who were the attorneys in Stacy James Spencer v. The State of Texas?

Plaintiff's attorney: Rebecca Gorham Joe D. Gonzales. Defendant's attorney: Need help finding a lawyer for representation for appealing from a motion to revoke community supervision in Texas? Call 918-582-6422. It's Free..

When was Stacy James Spencer v. The State of Texas decided?

This case was decided on February 27, 2020.