NO. 06-16-00108-CR

IN THE COURT OF APPEALS

SIXTH APPELLATE DISTRICT OF TEXAS

AT TEXARKANA, TEXAS

TODD OKEITH SMITH,

Appellant

VS.

THE STATE OF TEXAS, 

Appellee

Appealed from the 276th Judicial District Court

Marion County, Texas

Trial Court Cause No. F14488

BRIEF OF APPELLANT IN SUPPORT OF

MOTION TO WITHDRAW

Submitted by: 

James P. Finstrom 

Counsel for Appellant

P.O. Box 276

Jefferson, Texas 75657

903-665-7111

Fax: 903-665-7167

State Bar #07038000

APPELLANT DOES NOT REQUEST ORAL ARGUMENT

ACCEPTED

06-16-00108-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/1/2016 9:54:25 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/1/2016 9:54:25 AM DEBBIE AUTREY Clerk
2

IDENTITY OF PARTIES AND COUNSEL

Pursuant to T.R.A.P. 38.1(a)

Appellant: Todd Okeith Smith

Institutional Division of Texas Department 

of Criminal Justice

Joe F. Gurney Unit

1385 FM 3328

Palestine, Texas 75803

Counsel for Appellant at trial: 

Hon. William T. Hughey

P. O. Box 2012

Marshall, Texas 75671

Counsel for Appellant on appeal: 

Hon. James P. Finstrom 

P.O. Box 276

Jefferson, Texas 75657

State’s Counsel at trial and on appeal: 

Hon. Angela Smoak

102 West Austin Street

Jefferson, Texas 75657

Trial Judge: 

Hon. Robert Rolston, Judge, 

276th Judicial District Court

Marion County, Texas 
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TABLE OF CONTENTS

Pursuant to T.R.A.P. 38.1(b) 

 Page

IDENTITY OF PARTIES AND COUNSEL 2

TABLE OF CONTENTS 3

INDEX OF AUTHORITIES 4

STATEMENT OF THE CASE 5

ISSUE PRESENTED 6 

ISSUE NO. 1: DOES THE ISSUE WHETHER THE 

EVIDENCE IS SUFFICIENT TO SUSTAIN THE COURT’S 

ORDER ADJUDICATING APPELLANT’S GUILT HAVE 

MERIT ON APPEAL?

ISSUE NO. ONE (Restated) 6

DOES THE ISSUE WHETHER THE EVIDENCE IS 

SUFFICIENT TO SUSTAIN THE COURT’S ORDER 

REVOKING APPELLANT’S DEFERRED ADJUDICATION

HAVE MERIT ON APPEAL?

SUMMARY OF THE ARGUMENT 6

ARGUMENT (Issue No. 1) 6

PRAYER 7

CERTIFICATE OF SERVICE 8

CERTIFICATE OF COMPLIANCE 8
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INDEX OF AUTHORITIES

Pursuant to T.R.A.P. 38.1(c)

Cases: Page

Burns v. State, 835 S.W.2d 733 7

(Tex.App.—Corpus Christi 1992, p.d.r. ref.)

Gobell v. State, 528 S.W.2d 223 7

(Tex.Crim.App. 1975)

Jones v. State, 571 S.W.2d 191 7

(Tex.Crim.App. 1978) 

Statutes: 

All references to Texas statutes, rules, etc. are to the latest 

edition published by West Publishing Company, unless otherwise 

noted. 
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STATEMENT OF THE CASE

Pursuant to T.R.A.P. 38.1(d)

Appellant was placed on deferred adjudication for ten (10) 

years on May 4, 2015. (CR 10) The State filed State’s Motion to 

Proceed with an Adjudication of Guilt on February 22, 2016. (See 

Supplemental Clerk’s Record) The trial court heard the Motion on 

May 13, 2016. (CR 3-4) Appellant pleaded true to allegations 1 2, 

and 4 and not true to allegation 3 in the Motion To Revoke. (CR 10-

11, RR 11-13) The trial court found allegations to be true and 

adjudicated Appellant and sentenced him to 15 years confinement in 

the Institutional Division of the Texas Department of Criminal Justice. 

Appellant gave timely notice of appeal June 10, 2016. (CR 10-11) 

Counsel was appointed to represent Appellant on appeal on June 23, 

2016. (CR 4) Counsel for Appellant believes that the appeal of this 

cause is without merit and submits this brief with his motion to 

withdraw from representation in this cause. 

Counsel for Appellant is sending a copy of this Brief and a copy 

of the clerk’s transcript and court reporter’s record to Appellant the 

date this Brief is filed. 
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ISSUES PRESENTED

Pursuant to T.R.A.P. 38.1(e)

ISSUE NO 1: DOES THE ISSUE WHETHER THE EVIDENCE IS 

SUFFICIENT TO SUSTAIN THE COURT’S ORDER ADJUDICATING 

APPELLANT’S DEFERRED ADJUDICATION HAVE MERIT ON 

APPEAL?

ISSUE NO. ONE

(Restated)

DOES THE ISSUE WHETHER THE EVIDENCE IS SUFFICIENT TO 

SUSTAIN THE COURT’S ORDER ADJUDICATING APPELLANT’S 

DEFERRED ADJUDICATION HAVE MERIT ON APPEAL? 

SUMMARY OF THE ARGUMENT

 Pursuant to T.R.A.P. 38.1(g) 

Appellant discerns no potential issues to be raised on the 

appeal of this cause other than the sufficiency of evidence to support 

the judgment of the trial court finding Appellant guilty and adjudicating 

him and sentencing him to fifteen (15) years confinement in the 

Institutional Division of the Texas Department of Criminal Justice. 

ARGUMENT

Pursuant to T.R.A.P. 38.1(h)

Issue No. 1

Appellant entered pleas of true to three of the allegations of the 

motion to adjudicate filed against him. (RR 11-13) These alone are 

sufficient to sustain the trial court’s order adjudicating and sentencing 
7

him. See Jones v. State, 571 S.W.2d 191, 193-94 (Tex.Crim.App. 

1978; Gobell v. State, 528 S.W.2d 223, 224 (Tex.Crim.App. 1975); 

Burns v. State, 835 S.W.2d 733 (Tex.App.—Corpus Christi 1992, 

p.d.r. ref.) There are no other issues legal presented in connection 

with the revocation proceeding which might arguably result in reversal 

of the trial court’s order revoking probation. 

PRAYER

Upon the issues presented, counsel for Appellant, Todd Okeith 

Smith, is of the opinion that Appellant’s appeal is without merit in this 

case, prays that he be permitted to withdraw in this case and for such

other and further relief to which Appellant may be entitled. 

Respectfully submitted, 

_/s/James P. Finstrom____

James P. Finstrom 

Counsel for Appellant

202 S. Marshall, 

P.O. Box 276

Jefferson, Texas 75657

903-665-7111

Fax: 903-665-7167

Texas Bar #07038000
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CERTIFICATE OF SERVICE

I certify that I have delivered a true copy of this brief to Hon. 

Angela Smoak, counsel for the State, and to Appellant by United 

States mail, first class postage prepaid, at the Joe G. Gurney Unit, 

1385 FM 3328, Palestine, Texas 75803, on this 1st day of July, 2016. 

__/s/James P. Finstrom___

James P. Finstrom 

CERTIFICATE OF COMPLIANCE

I certify that Appellant’s Brief filed electronically on this 1st day 

of July, 2016 complies with Tex. R. App. P. 9.4(i)(2)(B). This Brief 

contains 900 words.

/s/ James P. Finstrom

James P. Finstrom