## NO. 12

- 19

- 00005

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

STEVEN WAYNE GOODWIN , APPELLANT

V.
THE STATE OF TEXAS, APPELLEE §

§

§ APPEAL FROM THE 114T H

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Steven Wayne Goodwin appeals his conviction for possession of a controlled substance. Appellant’s counsel filed a brief in compliance with Anders v. California , 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and Gainous v. State , 436 S.W.2d 137 (Tex. Crim. App. 1969).
We affirm.

B ACKGROUND Appellant was charged by indictment with the offense of possession of a controlled substance, methamphetamine, in an amount of four grams or more but less t han two hundred grams, including any adulterants and dilutants, a second degree felony. 1 Appellant pleaded “guilty.” He and his counsel signed an agreed punishment recommendation along with other various documents in connection with his guilty plea, including a stipulation of evidence in which Appellant swore, and judicially confessed, that the facts alleged in the indic tment were true and correct, and constituted the evidence in the case. At the sentencing hearing, the State asked for a sentence of eighteen years because Appellant failed to appear at the previous sentencing date and

1 T EX

. H EALTH & S AFETY C ODE A NN

. § 481.115 (a), (d) (West 201 7 ).2 in lieu of filing a third

- degree offe nse of bail jumping. Further, Appellant’s criminal history
indicates that the State could file a Brooks notice enhancing his range of punishment for life, or for any term of not more than ninety

- nine years or less than five years. Appellant accepted the increased punishment recommendation. At the conclusion of the sentencing hearing, the trial court accepted Appellant’s guilty plea, found sufficient evidence to substantiate the guilty plea, adjudged Appellant guilty of possession
of a controlled substanc e, and assessed his punishment at eighteen years of imprisonment. 2 This appeal followed.

A NALYSIS P URSUANT TO A NDERS V
. C ALIFORNIA Appellant’s counsel filed a brief in compliance with Anders and Gainous , stating that he diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. From our review of counsel’s brief, it is apparent that counsel is well acquainted with the facts in this case. In compliance with Anders
, Gainous , and High v. State , 573 S.W.2d 807, 812 (Tex. Crim. App. 1978), counsel’s brief presents a chronological summation of the procedural history of the case, and further states that counsel is unable to raise any arguable issue s for appeal. 3 We have reviewed
the record for reversible error and have found none. See Bledsoe v. State , 178 S.W.3d 824, 826

- 27 (Tex. Crim. App. 2005).

C ONCLUSION As required by Stafford v. State , 813 S.W.2d 503, 511 (Tex. Crim. App. 1991), Appellant’s
counsel moved for leave to withdraw. See also In re Schulman , 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for consideration with the merits. Having

2 An individual adjudged guilty of a second degree felony shall be punished by imprisonment for any term of

no t more than twenty years or less than two years, and a fine not to exceed $10,000.00. T EX

. P ENAL C ODE A NN

. § 12.33 (West 201 9 ).

3 In compliance with Kelly v. State , Appellant’s counsel provided Appellant with a copy of the brief, notified Appellant of his motion to withdraw as counsel, informed Appellant of his right to file a pro se response, and took concrete measures to facilitat e Appellant’s review of the appellate record. See Kelly v. State , 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). Appellant was given time to file his own brief. The time for filing such brief has expired and no pro se brief has been filed.3 done s o and finding no reversible error, Appellant’s counsel’s motion for leave to withdraw is hereby granted , and the trial court’s judgment is affirmed

. See T EX

. R. A PP

. P. 43.2. Appellant’s counsel has a duty to, within five days of the date of this opinion, send a copy of the opinion and judgment to Appellant and advise him of his right to file a petition for discretionary review. See T EX

. R. A PP

. P. 48.4; In re Schulman , 22 S.W.3d at 411 n.35. Should Appellant wish to seek further review of this case by t he Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or he must file a pro se petition for discretionary review. See In re Schulman , 252 S.W.3d at 408 n.22. Any petition for discretionary revie w must be filed within thirty days from either the date of this opinion or, if a motion for rehearing is filed, the date that the last timely motion for rehearing is overruled by this

court. See T EX

. R. A PP

. P. 68.2(a). Any petition for discretionary rev iew must be filed with the Texas Court of Criminal Appeals. See T EX

. R. A PP

. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See
T EX

. R. A PP

. P. 68.4; In re Schulm an , 252 S.W.3d at 408 n.22. Opinion delivered September 4 , 2019. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 4 , 2019

NO. 12

- 19

- 00005

- CR

STEVEN WAYNE GOODWIN , Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 114

- 0 974

- 18) THIS CAUSE came to be heard on the appellate record and brief filed herein, and the same being considered, it is the opinion of this court that there was no error in the judgment. It is therefore ORDERED, ADJUDGED and DECREED that the judgment
of the court below be in all things affirmed , and that this decision be certified to the court below
for observance. By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.