NO. 06

- 1 6

- 00 108

- 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 276 th Judicial District Court

Marion County, Texas

Trial Court Cause N o

. 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 REQUES T ORAL ARGUMENT ACCEPTED

06-16-00108-CR

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/1/2016 9:54:25 AM

DEBBIE AUTREY

CLERK2 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

P alestine, 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,

276 th Judicial District Court

Marion County, Texas3 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 SUFFIC IENT 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 ADJUDICAT ION

HAVE MERIT ON APPEAL?

SUMMARY OF THE ARGUMENT 6

ARGUMENT (Issue No. 1) 6

PRAYER 7

CERTIFICATE OF SERVICE 8

CERTIFICATE OF COMPLIANCE 84 INDEX OF AUTHORITIES

Pursu ant 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.5 STATEMENT OF THE CASE

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

Appellant was placed on de ferred adjudication for ten ( 10 )

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

Proceed with an Adjudic ation of Guilt on F ebruary 22, 2016 . (See

Supplemental Cler k ’ s Record ) The trial court heard the Mo ti on on

May 13 , 2016. (CR 3

- 4 ) App ellant 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 D ivision 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 th is

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 t his Brief is filed.6 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 t he Texas Department of Criminal Justice

.

ARGUMENT

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

Issue No. 1

Appellant entered pl eas 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 sentencing7

him. See Jones v. State , 571 S.W.2d 191, 193

- 94 (Tex.Crim.App.

1978; Gobell v. St ate , 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, Tex as 75657

903

- 665

- 7111

Fax: 903

- 665

- 7167

Texas Bar #070380008 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, T exas 7 5803

, on this 1 st day of Ju ly , 2016.

__/s/James P. Finstrom___

James P. Finstrom

CERTIFICATE OF COMPLIANCE

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

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

contains 9 00 words.

/s/ James P. Finstrom

James P. Finstrom