Terri Lashurn Yates v. the State of Texas

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana

No. 06-25-00005-CR

TERRI LASHURN YATES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 6th District Court
Lamar County, Texas
Trial Court No. 30317

Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION

Terri Lashurn Yates pled guilty to assaulting a peace officer. See TEX. PENAL CODE ANN.

§ 22.01 (Supp.). Pursuant to a plea agreement with the State, the trial court placed Yates on

deferred adjudication community supervision for five years. The following year, the State

alleged that Yates violated the terms and conditions of her community supervision and moved to

adjudicate her guilt. After an evidentiary hearing, the trial court found the State’s allegations

true, revoked Yates’s deferred adjudication community supervision, found her guilty of

assaulting a peace officer, and sentenced her to eight years’ imprisonment. Yates appeals.

Yates’s attorney has filed a brief stating that he reviewed the record and found no

genuinely arguable issues that could be raised on appeal. The brief sets out the procedural

history of the case and summarizes the evidence elicited during the course of the trial court

proceedings. Since counsel has provided a professional evaluation of the record demonstrating

why there are no arguable grounds to be advanced, that evaluation meets the requirements of

Anders v. California. Anders v. California, 386 U.S. 738, 743–44 (1967); In re Schulman, 252

S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503,

509–10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel

Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this

appeal.

On April 7, 2025, counsel mailed to Yates copies of the brief, the motion to withdraw,

and the appellate record. Yates was informed of her rights to review the record and file a pro se

response. By letter dated April 8, this Court informed Yates that her pro se response was due on

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or before May 8. On May 21, we further informed Yates that the case would be set for

submission on June 11. We received neither a pro se response from Yates nor a motion

requesting an extension of time in which to file such a response.

We have reviewed the entire appellate record and have independently determined that no

reversible error exists. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

However, we found nonreversible error in the trial court’s judgment.

The judgment reflects that Yates pled true to the State’s allegations in the motion to

adjudicate guilt, but the reporter’s record shows that Yates pled not true to the allegations.

Accordingly, we modify the trial court’s judgment to reflect that Yates pled not true to

the State’s allegations in its motion to proceed to an adjudication of guilt. As modified, we

affirm the trial court’s judgment.1

Scott E. Stevens
Chief Justice

Date Submitted: June 11, 2025
Date Decided: July 23, 2025

Do Not Publish

1
Since we agree that this case presents no reversible error, we also, in accordance with Anders, grant counsel’s
request to withdraw from further representation of appellant in this case. See Anders, 386 U.S. at 744. No substitute
counsel will be appointed. Should appellant desire to seek further review of this case by the Texas Court of
Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or file a pro se
petition for discretionary review. Any petition for discretionary review (1) must be filed within thirty days from
either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court,
see TEX. R. APP. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appeals, see TEX. R. APP. P.
68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure, see TEX.
R. APP. P. 68.4.
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