Narrative Opinion Summary
In this case, the defendant pleaded guilty to possession of a controlled substance and was initially placed on deferred adjudication community supervision for two years. Following a motion by the State, the court adjudicated him guilty and sentenced him to community supervision, which was later revoked after another State motion. Consequently, he was sentenced to two years in a State Jail Facility. The defendant appealed the revocation, but his attorney filed an Anders brief, declaring no reversible errors were present in the record, and requested to withdraw. The appellate court, after conducting an independent review, found no meritorious issues for appeal, aligning with the attorney's assessment that the appeal was frivolous. The court affirmed the lower court's judgment and granted the attorney's motion to withdraw. Throughout the appeal process, the defendant was informed of his right to file a pro se response but chose not to do so.
Legal Issues Addressed
Anders Briefsubscribe to see similar legal issues
Application: The defendant's attorney filed an Anders brief, indicating no reversible errors were found upon reviewing the record.
Reasoning: His attorney submitted an Anders brief and motion to withdraw, stating that a thorough review of the record revealed no reversible errors.
Deferred Adjudication Community Supervisionsubscribe to see similar legal issues
Application: The defendant was initially placed on deferred adjudication community supervision after pleading guilty to possession of a controlled substance.
Reasoning: Jose Angel Cordova pleaded guilty to possession of a controlled substance (cocaine, less than one gram) and was placed on two years of deferred adjudication community supervision.
Independent Review by Appellate Courtsubscribe to see similar legal issues
Application: The appellate court conducted its own review of the case and concurred with the attorney's assessment that there were no arguable grounds for appeal.
Reasoning: The court conducted an independent review of the case and found no arguable grounds for appeal, agreeing with counsel’s assessment that the appeal was frivolous.
Revocation of Community Supervisionsubscribe to see similar legal issues
Application: The defendant's community supervision was revoked after a hearing, resulting in a sentence to a State Jail Facility.
Reasoning: In August 2009, the State moved to revoke this supervision, which resulted in a hearing on October 22, 2009, where the court revoked his community supervision and sentenced him to two years in a State Jail Facility.
Right to File Pro Se Responsesubscribe to see similar legal issues
Application: The defendant was informed of his right to file a pro se response to the attorney's Anders brief, but he did not exercise this right.
Reasoning: Counsel explained the absence of appealable issues in accordance with legal precedents and confirmed that Cordova was informed of his right to file a pro se response, which he did not do.