Timothy Marquell Dewayne Williams v. The State of Texas — Memorandum Opinion Per Curiam
Timothy Marquell Dewayne Williams v. The State of Texas — Memorandum Opinion Per Curiam
Txctapp12
Gesamter Gesetzestext
NO. 12-26-00169-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS TIMOTHY MARQUELL DEWAYNE WILLIAMS, APPELLANT V. THE STATE OF TEXAS, APPELLEE § § § APPEAL FROM THE 241ST JUDICIAL DISTRICT COURT SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Timothy Marquell Dewayne Williams appeals his conviction for possession of a controlled substance following the revocation of his deferred adjudication community supervision. Appellant’s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Thereafter, Appellant filed a pro se brief. We affirm. B ACKGROUND Appellant was charged by information with the first-degree felony offense of possession of a controlled substance, namely a compound, mixture, or preparation containing codeine, in an amount greater than 400 grams. Appellant pleaded “guilty” pursuant to a plea-bargain agreement. The trial court deferred finding Appellant “guilty” and placed him on community supervision for ten years. The State subsequently filed a motion to adjudicate guilt, asserting that Appellant violated the terms and conditions of his community supervision by committing another offense; failing to pay his supervision fee, reimbursement, and outstanding pretrial supervision fees monthly; and failing to successfully complete the drug offender education program within six months. Appellant
2 pleaded “not true” to each of the alleged violations. After conducting an evidentiary hearing, the trial court found that Appellant violated the terms and conditions of his community supervision as alleged in the State’s motion, revoked Appellant’s community supervision, adjudicated him “guilty” of possession of a controlled substance, and sentenced him to imprisonment for fifty years. This appeal followed. ANALYSIS PURSUANT T O ANDERS V . CALIFORNIA Appellant’s counsel filed a brief in compliance with Anders v. California and Gainous v. State. Appellant’s counsel states that she diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. She further relates that she is well acquainted with the facts in this case. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), the brief presents a chronological summation of the procedural history of the case and further states that counsel is unable to raise any arguable issues for appeal.1 Appellant filed a pro se brief, in which he contends in two issues that the trial court (1) abused its discretion by considering evidence obtained from the traffic stop and subsequent search of his residence and (2) erred by admitting a detective’s “unqualified opinion testimony” identifying untested substances as psychedelic mushrooms and THC vapes. We reviewed the record for reversible error and found none. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). CONCLUSION As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant’s counsel moved for leave to withdraw. See also In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for consideration with the merits. Having done so and finding no reversible error, we grant counsel’s motion for leave to withdraw and affirm the trial court’s judgment. See TEX. R. APP . P. 43.2(a). 1 In compliance with Kelly v. State, Appellant’s counsel provided Appellant with a copy of the brief, notified Appellant of her motion to withdraw as counsel, informed Appellant of his right to file a pro se response, and took concrete measures to facilitate Appellant’s review of the appellate record. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014).
3 Appellant’s counsel has a duty to, within five days of the date of this opinion, send a copy of the opinion and judgment to Appellant and advise him of his right to file a petition for discretionary review. See TEX. R. APP . P. 48.4; In re Schulman, 252 S.W.3d at 411 n.35. Should Appellant wish to seek review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review on his behalf or file a pro se petition for discretionary review. See In re Schulman, 252 S.W.3d at 408 n.22. Any petition for discretionary review must be filed within thirty days from either the date of this opinion or the date that the last timely motion for rehearing was overruled by this Court. See TEX. R. APP . P. 68.2. Any petition for discretionary review must be filed with the Texas Court of Criminal Appeals. See TEX. R. APP . P. 68.3(a). Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure 68.4. See TEX. R. APP . P. 68.4; In re Schulman, 252 S.W.3d at 408 n.22. Opinion delivered October 21, 2026. Panel consisted of Worthen, C.J., Hoyle, J., and Davis, J. (DO NOT PUBLISH)
COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT OCTOBER 21, 2026 NO. 12-26-00169-CR TIMOTHY MARQUELL DEWAYNE WILLIAMS, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 241st District Court of Smith County, Texas (Tr.Ct.No. 241-1614-24) THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this court that there was no error in the judgment. It is therefore ORDERED, ADJUDGED, and DECREED that the judgment of the court below be in all things affirmed, and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Davis, J.
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