NO. 12-14-00290-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

FREDERICK PERKINS, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

§

§

§

APPEAL FROM THE 114TH 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Frederick Perkins appeals his conviction for possession of a controlled substance. 

Appellant’s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. 

Ct. 1396, 18 L. Ed. 2d 493 (1967), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 

1969). We affirm.

BACKGROUND

Appellant was charged by indictment with possession of less than one gram of cocaine. 

The indictment further alleged that Appellant had previously been convicted of two felony 

offenses, the second one having been committed prior to the primary offense and after the first 

felony conviction was final. Appellant pleaded “guilty” to the offense and “true” to the 

enhancement allegations. The matter proceeded to a bench trial on punishment. The trial court 

assessed Appellant’s punishment at imprisonment for fifteen years. This appeal followed. 

ANALYSIS PURSUANT TO ANDERS V. CALIFORNIA

Appellant’s counsel filed a brief in compliance with Anders v. California and Gainous v. 

State. Appellant’s counsel relates that he has reviewed the appellate record and found no 

reversible error or jurisdictional defects. In compliance with High v. State, 573 S.W.2d 807, 812 
2

(Tex. Crim. App. [Panel Op.] 1978), counsel’s brief contains a thorough professional evaluation 

of the record demonstrating why there are no arguable grounds to be advanced.1

We have considered counsel’s brief and conducted our own independent review of the 

record. Id. at 811. We have found no reversible error.

Conclusion

As required by Anders and Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 

1991), Appellant’s counsel has moved for leave to withdraw. See also In re Schulman, 252 

S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for 

consideration with the merits. Having done so, we agree with Appellant’s counsel that the 

appeal is wholly frivolous. Accordingly, we grant counsel’s motion for leave to withdraw and 

affirm the judgment of the trial court.

Appellant’s counsel has a duty to, within five days of the date of this opinion, send a 

copy of the opinion and judgment to Appellant and advise him of his right to file a petition for 

discretionary review. See TEX. R. APP. P. 48.4; In re Schulman, 252 S.W.3d at 411 n.35. 

Should Appellant wish to seek review of these cases by the Texas Court of Criminal Appeals, he 

must either retain an attorney to file a petition for discretionary review on his behalf or he must 

file a pro se petition for discretionary review. Any petition for discretionary review must be filed 

within thirty days from the date of this court’s judgment or the date the last timely motion for 

rehearing was overruled by this court. See TEX. R. APP. P. 68.2(a). Any petition for 

discretionary review must be filed with the Texas Court of Criminal Appeals. See TEX. R. APP.

P. 68.3(a). Any petition for discretionary review should comply with the requirements of Rule 

68.4 of the Texas Rules of Appellate Procedure. See In re Schulman, 252 S.W.3d at 408 n.22.

Opinion delivered July 22, 2015.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)

 

1 Counsel for Appellant certified in his brief that he provided Appellant with a copy of the brief. Appellant 

was given time to file his own brief in this cause. The time for filing such a brief has expired and no pro se brief has 

been filed.
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JULY 22, 2015

NO. 12-14-00290-CR

FREDERICK PERKINS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 114th District Court 

of Smith County, Texas (Tr.Ct.No. 114-0932-14)

THIS CAUSE came to be heard on the appellate record and briefs filed 

herein, and the same being considered, it is the opinion of this court that there was no error in the 

judgment.

It is therefore ORDERED, ADJUDGED and DECREED that the judgment 

of the court below be in all things affirmed, and that this decision be certified to the court 

below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.