CourtListener 10281720•Tony Scott Harrelson v. the State of Texas
Tony Scott Harrelson v. the State of Texas
CourtListener 10281720Txctapp920 nov. 2024
Texte intégral
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-24-00189-CR
__________________
TONY SCOTT HARRELSON, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 75th District Court
Liberty County, Texas
Trial Cause No. 22DC-CR-00091
__________________________________________________________________
MEMORANDUM OPINION
A grand jury indicted Appellant Tony Scott Harrelson for possession of a
controlled substance, namely methamphetamine, a state jail felony. See Tex. Health
& Safety Code Ann. § 481.115(b). Pursuant to a plea bargain, Harrelson pleaded
“guilty” to the offense. The trial court signed an Order of Deferred Adjudication as
to guilt, placed Harrelson on community supervision for three years, ordered
Harrelson to pay $180 in restitution, and assessed a $1,000 fine.
1
The State filed a motion to revoke Harrelson’s community supervision,
alleging twelve violations of the terms of his community supervision. At a hearing
on the motion, no plea was entered, however Harrelson’s appointed attorney told the
trial court that the hearing was contested, and the trial court entered a plea of “Not
True” on Harrelson’s behalf. After hearing testimony, the trial court found the
evidence sufficient to find all twelve allegations true, revoked Harrelson’s
community supervision, found Harrelson guilty of the offense of possession of a
controlled substance, and sentenced Harrelson to two years of confinement, but
assessed no fine nor restitution. Harrelson timely filed his appeal.
On appeal, Appellant’s court-ordered attorney filed a brief stating that he has
reviewed the case and, based on his professional evaluation of the record and
applicable law, there are no arguable grounds for reversal. See Anders v. California,
386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We
granted an extension of time for Harrelson to file a pro se brief, and we received no
response from Harrelson.
Upon receiving an Anders brief, this Court must conduct a full examination
of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio,
488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire
record and counsel’s brief, and we have found nothing that would arguably support
an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005)
2
(“Due to the nature of Anders briefs, by indicating in the opinion that it considered
the issues raised in the briefs and reviewed the record for reversible error but found
none, the court of appeals met the requirements of Texas Rule of Appellate
Procedure 47.1.”). Therefore, we find it unnecessary to order appointment of new
counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim.
App. 1991). We affirm the trial court’s judgment.1
AFFIRMED.
LEANNE JOHNSON
Justice
Submitted on November 13, 2024
Opinion Delivered November 20, 2024
Do Not Publish
Before Johnson, Wright and Chambers, JJ.
1
Harrelson may challenge our decision in this case by filing a petition for
discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P.
68.
3
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