CourtListener 10292122•Charley James Hughes v. the State of Texas
Full text
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00189-CR
CHARLEY JAMES HUGHES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court
Childress County, Texas
Trial Court No. 8014, Honorable Stuart Messer, Presiding
December 11, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Charley James Hughes appeals the trial court’s judgment adjudicating his guilt and
convicting him of the state jail felony offense of possession of a controlled substance.
Upon accepting a guilty plea and following a plea agreement, the trial court placed
appellant on two years deferred adjudication community supervision. Subsequently, the
State moved the trial court to adjudicate appellant’s guilt in the cause. After a hearing on
the motion, the trial court found appellant violated at least one condition of his community
supervision, adjudicated him guilty, and sentenced him to serve eighteen months in the
state jail division. Also assessed against appellant was $180.00 in restitution and $340.00
in court costs. Appellant now appeals.
Appellant’s counsel has filed a motion to withdraw together with an Anders1 brief.
Through those documents, she certifies to the court that, after diligently searching the
record, the appeal is without merit. Accompanying or following the brief and motion are
copies of letters sent by counsel to appellant. They inform him of the Anders brief, provide
him a copy of same, explain there were no arguable issues warranting an appeal, and tell
appellant of his right to file a pro se response to counsel’s Anders brief and right to petition
for discretionary review. So too did counsel provide appellant with a copy of the clerk’s
and reporter’s records, according to the letters. In turn, this court notified appellant of his
right to file his own brief or response by November 27, 2024, if he wished to do so. To
date, no response has been received.
In compliance with the principles enunciated in Anders, appellate counsel
discussed potential areas for appeal. Those areas included 1) sufficiency of the evidence
to support appellant’s probation violations and 2) disproportionate sentencing. However,
she then explained why the issues lacked merit.
We conducted our own review of the record to assess the accuracy of counsel’s
conclusions and to uncover arguable error pursuant to In re Schulman, 252 S.W.3d 403
(Tex. Crim. App. 2008), and Stafford v. State, 813 S.W.2d 503, 508 (Tex. Crim. App.
1991) (en banc). No issues of arguable merit were uncovered, however.
1 See Anders v. California, 386 U.S. 738, 744-45, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
2
Accordingly, the motion to withdraw is granted, and the judgment is affirmed. 2
Brian Quinn
Chief Justice
Do not publish.
2 Counsel, shall, within five days after this memorandum opinion is handed down, send appellant
a copy of the opinion and judgment, along with notification of appellant’s right to file a pro se petition for
discretionary review. See TEX. R. APP. P. 48.4. This duty is an informational one only. Counsel has no
duty to provide further representation to appellant.
3
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