### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-15-00028- CR

Nakia DeShaw n Lew is, App ellant

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F TO M GREEN CO UNTY, 51ST JUDICI AL DISTRICT NO. A-1 1-0 418- SB , TH E H ONO RAB LE B ARB ARA L. WALTH ER, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N
Appellant Nakia DeShawn L ewis was place d on defe rre d adjudication community supervision afte r she pleade d g uilty to eng ag ing in org anized criminal activity

. See Tex. Penal Code § 71.02(a) (5); Tex. Code Crim. Proc. art. 42

. 1 2 , § 5(a)

. Subsequently , the trial court g rante d the
State’s motion to adjudicate afte r finding that appellant had violated the conditions of supervision. 1
The court adjudicate d appellant g uilty , revoke d her commu nity supervision, and assessed her

The State’s motion to adjudicate contained 12 para g ra p h s al l egi ng that appellant had 1 violated the conditions of supervision in various way s, includi n g the commission of a new drug possession offe nse, the failure to pay cer tain fee s associate d wi t h s u p er vision (or submit forms indicating an inability

to pay when she was financ ially unable to make such pay ments), the fa ilure to repor t to her community supervision office r, the failure to complete community service work, the failure to repor

t her arr est for th e n ew drug possession offe nse, the failure to attend biweekly Alcoholics Anony

mous/Narcotics Anony

mous me eting s, the violation of the imposed curf ew, and associating with a known felon. At the adjudication hear ing, the State abandone d two of the alleg ations and appellant pleade d not tr ue to the rema inder of the alleg ations. The State prese nted testimony from appellant’ s community superv ision office r, office rs from the San Ang elo police depar tment, and a f

orensic c hemist, after

which the tria l court found the a lleg ations to be true.punishment at 20 y ear s’ confine ment in the Texas Depa rtment of Criminal J ustice. See Tex. Code Crim. Proc. art. 42.12, § 5(b) ; Tex. P enal Code § 12.32.

Appellant’s court-a

ppointed attorney has filed a motion to withdraw supported by a brief concluding that the appea l is frivolous and without merit. The brief meets the require ments of Anders v. Calif

ornia by prese nting a profe ssional evalua tion of the rec ord demonstrating why there

are no arg

uable g rounds to be advanc ed. See Ander s v. Calif ornia , 386 U.S. 738, 744 (1967);
Garner v. State , 300 S.W .3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio , 488 U.S. 75, 81–82 (1988). Appellant’s counsel has cer tified to this Court that he sent copies of the motion and brief to appellant, advised appellant of her rig ht to examine the appe l l at e rec ord and file a pro se
response , and provided a m o t i o n to assist appellant in obtaining the rec ord. See Kelly v. State , 436 S.W .3d 313, 319–20 (Tex. Crim. App

. 2014); see also Anders , 386 U.S. at 744. Appellant
reque sted acc ess to the appellate re cord, and, pursuant to this Court’s order , the cler k of the trial
court provided written verific ation to this Court that the rec ord was provided to appellant. See Kelly , 436 S.W .3d at 321. To date, appellant has not f iled a pro se response or reque sted an extension of time to file a re sponse.

We have conducte d an independe nt revie w of the rec ord—including the rec ord of the adjudication proce eding and appellate counsel’s brief—a nd find no reve rsible err o r. S ee Anders , 386 U.S. at 744; Garner , 300 S.W .3d at 766; Bledsoe v. State , 178 S.W .3d 824, 826–27 (Tex. Crim. App. 2005). We ag ree with counsel that t h e re cord prese nts no arg uably meritorious g rounds for

2revie w and the appea l is frivolous. Counsel’s motion to withdraw is g rante d. The trial court’s

judgme nt adjudicating g uilt is aff irmed.

__________________________________________

Melissa Goodwin, Jus tice
Be fore Chief J ustice Rose, Jus tices Goodwin a nd Field
Affir med Filed: Jul y

1, 2015 Do Not Publish

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