John Powell and Ailene Powell v. Tall Timbers Property Owners Association--Appeal from 359th District Court of Montgomery County

State: Texas

Court: Texas Northern District Court

Docket No: 09-01-00495-CV

Case Date: 08/29/2002

Plaintiff: David Bruce Taylor

Defendant: The State of Texas--Appeal from 114th District Court of Smith County

Preview:Mathew Barbosa Tyree v. The State of Texas--Appeal
from 248th District Court of Harris County
IN THE
TENTH COURT OF APPEALS
No. 10-04-00171-CR
Mathew Barbosa Tyree,
Appellant
v.
The State of Texas,
Appellee
From the 248th District Court
Harris County, Texas
Trial Court No. 9418625
MEMORANDUM Opinion
Tyree appeals the revocation of his deferred-adjudication community supervision for aggravated robbery. See Tex.
Code Crim. Proc. Ann. art. 42.12, 5 (Vernon Supp. 2004-2005); Tex. Penal Code Ann. 29.03(a) (Vernon 2003). Tyree
s counsel filed an Anders brief. See Anders v. California, 386 U.S. 738 (1967). We affirm.
The brief thoroughly reviews: (1) Tyree s opportunity to present punishment evidence, (2) the validity of the
community-supervision order, (3) the effective assistance of Tyree s trial counsel, and (4) the validity of the sentence.
Counsel states: After a thorough review of the record Appellant s appointed counsel on appeal is unable to find any
error which he, in good faith, can urge as warranting a reversal of the judgment of conviction. Although counsel
informed Tyree of the right to file a brief, Tyree did not file one. The State waived the filing of a response.
We must, after a full examination of all the proceedings, . . . decide whether the case is wholly frivolous. Anders at
744; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991); Coronado v. State, 996 S.W.2d 283,
285 (Tex. App. Waco 1999, order) (per curiam), disp. on merits, 25 S.W.3d 806 (Tex. App. Waco 2000, pet. ref d). An
appeal is wholly frivolous or without merit when it lacks any basis in law or fact. McCoy v. Court of Appeals, 486
U.S. 429, 439 n.10 (1988). Arguments are frivolous when they cannot conceivably persuade the court. Id. at 436. An
appeal is not wholly frivolous when it is based on arguable grounds. Stafford at 511.
We determine that the appeal is wholly frivolous. Accordingly, we affirm. Counsel must advise Tyree of our decision
and of his right to file a petition for discretionary review. See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App. Waco
2001, no pet.).
file:///C|/Users/Peter/Desktop/opinions/PDFs1/6638.html[8/20/2013 7:21:26 PM]

TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Affirmed
Opinion delivered and filed July 6, 2005
Do not publish
[CRPM]
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