## In t he Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 23

- 00127

- CR

ZAVARION CAYMOND CHRISTOPHER SWAIN , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 8th District Court Hopkins County, Texas

Trial Court No. 1927572

Before Stevens , C.J., van Cleef and Rambin , JJ. Memorandum Opinion by Chief Justice Stevens2 

### ME MORANDUM OPINION

P ursuant to a plea agreement, Zavarion Caymond Christopher Swain pled guilty to

aggravated robbery , a first

- degree felony. Se e T EX

. P ENAL C ODE A NN

. § 29.03

. The trial court

withheld a finding of guilt and placed him on ten years’ deferred adjudication community

supervision. On March 16, 2023, the State filed a motion to proceed with adjudication of guilt

,

alleging t hat Swain h ad violated several conditions of his community supervision

. Swain pled

true to all but one of the State’s allegations against him. 1 The trial court accep ted Swain’s pleas

of true and proceeded to the sentencing phase

. After h earing from witnesse s for b o th sides, the

trial court sentenced Swain to twelve years’ confinement in prison. Swain appeals.

Swain ’s attorney filed a brief sta ting that s he reviewed the record and found no genuinely

arguable issues that could b e raised on appeal. The brie f sets o ut the procedural history of the

case and summarizes the evidence elicited during the trial court proceedings. Since counsel

provided a professional evaluation of the record demonstrating why there are no arguable

groun ds to be advanced, that eval uation m eets the requirements of Anders v. California

. Anders

v. California , 386 U.S. 738, 743

– 44 (1967); In re Schulman , 252 S.W.3d 403, 406 (Tex. Crim.

App. 2008) (orig. proceeding); Stafford v. State , 813 S.W.2d 503, 509

– 10 (T ex. Crim. App.

199 1 ) ; High v. Sta te , 573 S.W.2d 807, 812

– 13 (Tex. Crim. App. [Panel Op.] 1978). Counsel

also filed a motion with this Court seeking to withdraw as counsel in this appeal.

On October 27 , 2023, counsel mailed to Swain co pies of the brief, the appell a te recor d,

and the mot ion to withdraw

. Swain was informed of h is rights to review the record and file a pro

1 The State agreed to abandon that specific alle gation.3

se response . On De cember 14, 2023, the Court informed Swain that the case would be set for

submission on the briefs on Janua ry 4, 2024

. We recei v ed neith er a pro se re sponse from Swain

nor a motion requesting an extension of time in which to file such a response.

We have determined that this appeal is wholly frivolous. We have independently

reviewed the entire appellate reco rd and

, like counsel

, have de termined th a t n o arguable issue

supports an appeal. See Bledsoe v. State , 178 S.W.3d 824, 826

– 27 (Tex. Crim. App. 2005) . In

the Anders context, once we determine that the appeal is without merit, we must affirm the trial

cou rt ’s judgment. Id.

We affir m the judgm e n t of the trial court. 2

Scott E. Stevens

Chief Justice

Date Submitted : January 4, 2024

Date Decided: February 1 5 , 2024

Do Not Publish

2 Since we agree t hat t his case presents n o r e versible error, we also, in accordance with Anders , grant counsel’s request to withdraw from further representation of appellant in this case. See Anders , 386 U.S. at 744. No substitute counsel will be appoint ed. Should appel lant desire t o seek furt h e r review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for dis cretionary review (1) must be filed withi n t h irty days from either the date of this opinion or the date on which the last timely motion for rehearing was overruled by this Court, s ee T EX

. R. A PP

. P. 68.2, (2) must be filed with the clerk of the Texas Court of Criminal Appe als, see T EX

. R. A PP

. P. 6 8

. 3, and (3) 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.