Opinion filed December 14, 2017

In The

Eleventh Court of Appeals 

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Nos. 11-17-00211-CR & 11-17-00212-CR

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STEPHEN PAUL PATEL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 91st District Court

Eastland County, Texas

Trial Court Cause Nos. 24348 & 24459

M E M O R A N D U M O P I N I O N

Stephen Paul Patel originally pleaded guilty to two offenses: failure to comply 

with his sex offender registration requirements and bail jumping/failure to appear. 

Pursuant to the terms of the plea agreement in each case, the trial court convicted 

Appellant, assessed his punishment, and placed him on community supervision. The 

State subsequently filed a motion to revoke Appellant’s community supervision in 

both cases. After a contested hearing on revocation, the trial court found three of

the State’s allegations to be true and revoked Appellant’s community supervision in 
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both cases. The trial court imposed the original sentence of confinement for ten

years in each cause and also imposed the original fine of $3,000 in cause no. 24348. 

We dismiss the appeals.

In both appeals, Appellant’s court-appointed counsel has filed a motion to 

withdraw. Each motion is supported by a brief in which counsel professionally and 

conscientiously examines the record and applicable law and states that he has 

concluded that the appeal is frivolous and without merit. Counsel has provided 

Appellant with a copy of the briefs, a copy of the motions to withdraw, an 

explanatory letter, and a form motion for pro se access to the appellate records.

Counsel also advised Appellant of his right to review the records and file a response 

to counsel’s briefs. Appellant has not filed a pro se response, nor has he filed the 

motion for pro se access to the appellate record.

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Court-appointed counsel has complied with the requirements of Anders v. 

California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 

2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 

813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. 

App. [Panel Op.] 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); 

Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 

S.W.3d 173 (Tex. App.—Eastland 2005, no pet.). In addressing an Anders brief and 

pro se response, a court of appeals may only determine (1) that the appeal is wholly 

frivolous and issue an opinion explaining that it has reviewed the record and finds 

no reversible error or (2) that arguable grounds for appeal exist and remand the cause 

to the trial court so that new counsel may be appointed to brief the issues. Schulman, 

252 S.W.3d at 409; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 

 

1By letter, this court granted Appellant thirty days in which to exercise his right to file a response 

to counsel’s briefs.
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2005). Following the procedures outlined in Anders and Schulman, we have 

independently reviewed the records, and we agree that the appeals are without merit 

and should be dismissed. See Schulman, 252 S.W.3d at 409.

We note that counsel has the responsibility to advise Appellant that he may 

file a petition for discretionary review with the clerk of the Texas Court of Criminal 

Appeals seeking review by that court. TEX. R. APP. P. 48.4 (“In criminal cases, the 

attorney representing the defendant on appeal shall, within five days after the 

opinion is handed down, send his client a copy of the opinion and judgment, along 

with notification of the defendant’s right to file a pro se petition for discretionary 

review under Rule 68.”). Likewise, this court advises Appellant that he may file a 

petition for discretionary review pursuant to TEX. R. APP. P. 68.

The motions to withdraw are granted, and the appeals are dismissed.

PER CURIAM

December 14, 2017

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

Willson, J., and Dauphinot,2

sitting by assignment.

Bailey, J., not participating.

 

2Lee Ann Dauphinot, Retired Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by 

assignment.