In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-13-00183-CR

NORRIS WAYNE JACKSON, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 71st District Court

Harrison County, Texas

Trial Court No. 12-0330X

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley
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MEMORANDUM OPINION

Norris Wayne Jackson, Jr., appeals from the revocation of his community supervision 

and final adjudication of his guilt and imprisonment for the offense of burglary of a habitation. 

Seven months after being placed on deferred adjudication, the State filed a motion to adjudicate. 

On his pleas of “true” to three of the allegations, the trial court found Jackson guilty and 

sentenced him to four years’ imprisonment. 

Jackson’s attorney on appeal filed a brief on October 23, 2013, which states that he has 

reviewed the record. Counsel summarizes the evidence elicited during the course of the 

proceeding and briefly explains the procedural history, stating that he has found no meritorious 

issues to raise for appeal. Counsel nevertheless has suggested one potential issue, arguing that 

his sentence was disproportionate punishment for the offense and amounted to cruel and unusual 

punishment under the Eighth Amendment to the United States Constitution—but then also 

correctly pointing out that even if the argument had some viability, the argument was not 

preserved for review on appeal. 

In so doing, counsel has provided a professional evaluation of the record demonstrating 

why, in effect, there are no arguable grounds to be advanced. This meets the requirements of 

Anders v. California, 386 U.S. 738, 743–44 (1967); Stafford v. State, 813 S.W.2d 503, 509–10 

(Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel 

Op.] 1978).

As also required by Anders, counsel has filed a motion with this Court seeking to 

withdraw as counsel in this appeal. Counsel mailed a copy of his brief to Jackson on October 22, 
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2013, along with a copy of his motion to withdraw and a letter informing Jackson of his right to 

file a pro se response, providing this Court’s address, and informing Jackson that he would need 

to immediately proceed with filing such a response should he desire to do so. Counsel also 

provided Jackson with a complete copy of the record for his use in filing such a response should 

he choose to do so. Jackson has not filed a pro se response and has not contacted this Court in 

connection with his appeal. 

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

reviewed the clerk’s record and the reporter’s record and find no genuinely arguable issue. See 

Halbert v. Michigan, 545 U.S. 605, 623 (2005). We, therefore, agree with counsel’s assessment 

that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. 

Crim. App. 2005).1

 

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Since we agree this case presents no reversible error, we also, in accord with Anders, grant counsel’s request to 

withdraw from further representation of appellant in this case. Anders, 386 U.S. at 744. No substitute counsel will 

be appointed. Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, 

appellant must either retain an attorney to file a petition for discretionary review or appellant must file a pro se 

petition for discretionary review. Any petition for discretionary review must be filed within thirty days from either 

the date of this opinion or the date on which the last timely motion for rehearing or for en banc reconsideration was 

overruled by this Court. See TEX. R. APP. P. 68.2. Any petition for discretionary review must be filed with the clerk 

of the Texas Court of Criminal Appeals. See TEX. R. APP. 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 TEX. R. APP. P. 68.4.
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We affirm the judgment of the trial court.

Bailey C. Moseley

Justice

Date Submitted: January 2, 2014

Date Decided: January 3, 2014

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