Nicole Brianne Barnett v. The State of TexasAppeal from 181st District Court of Randall County (Memorandum Opinion )

State: Texas

Court: Texas Northern District Court

Docket No: 07-13-00016-CR

Case Date: 06/12/2013

Plaintiff: Nicole Brianne Barnett

Defendant: The State of TexasAppeal from 181st District Court of Randall County (Memorandum Opinion )

Preview:In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-13-00016-CR

NICOLE BRIANNE BARNETT, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 181st District Court Randall County, Texas Trial Court No. 18,959-B, Honorable John B. Board, Presiding

June 12, 2013 MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellant Nicole Brianne Barnett appeals from the trial court's order revoking her deferred adjudication community supervision, adjudicating her guilty of the offense of robbery, and sentencing her to twenty years of imprisonment. Her court-appointed

appellate counsel has filed a motion to withdraw supported by an Anders1 brief. We will grant counsel's motion to withdraw and affirm the judgment of the trial court. Background Appellant was charged via indictment for the felony offense of robbery.2 Appellant plead guilty in June 2008 and the court placed her on deferred adjudication community supervision for a period of eight years. The court modified the conditions of community supervision in October 2010, and again in 2011. In February 2012, the State filed a motion to revoke the community supervision, and the trial court again modified its terms, adding requirements of AA meeting attendance, participation in an intensive supervision program, and confinement in the Randall County jail for a period of ten days. In September 2012, the State filed another motion to revoke, and, in November 2012, an amended motion to revoke. On December 19, 2012, the court heard the amended motion, alleging four violations of conditions of community supervision. The State waived its first allegation and appellant plead "true" to the remaining three allegations.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); see In re Schulman, 252 S.W.3d 403 (Tex.Crim.App. 2008) (orig. proceeding) ("[T]he sole purpose of an Anders brief is to explain and support the motion to withdraw"). Tex. Penal Code Ann.

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