NO. 12-14-00245-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JUSTIN CHRISTIAN, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

§

§

§

APPEAL FROM THE 2ND

JUDICIAL DISTRICT COURT

CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Justin Christian appeals his conviction for the offense of assault (family violence, by 

occlusion) following the revocation of his community supervision, for which he was sentenced to 

ten years of imprisonment. Appellant’s counsel has 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

On February 14, 2014, Appellant was charged by information for the offense of assault. 

The information alleged that Appellant intentionally, knowingly, or recklessly caused bodily 

injury to Jessica Tracey, a person with whom he had a dating relationship, by intentionally, 

knowingly, or recklessly impeding her normal breathing or circulation of blood by applying 

pressure to her throat or neck. Pursuant to a plea agreement, the trial court sentenced Appellant 

to ten years of imprisonment, but suspended his sentence and placed him on community 

supervision for seven years.

On May 29, 2014, the State filed a motion to revoke Appellant’s community supervision 

that alleged he committed thirty-one violations of his conditions of community supervision. 
2

Appellant pleaded “not true” to the State’s motion and a hearing was held. The trial court found 

sixteen of the thirty-one allegations “true,” and sentenced Appellant to ten years of 

imprisonment. This appeal followed. 

ANALYSIS PURSUANT TO ANDERS V. CALIFORNIA

Appellant’s counsel has filed a brief in compliance with Anders and Gainous, and states 

that he has diligently reviewed the appellate record. In compliance with Anders, Gainous, and 

High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), counsel’s brief presents a thorough 

chronological summary of the procedural history of the case and further states that counsel is 

unable to present any arguable issues for appeal.1 See Anders, 386 U.S. at 745, 87 S. Ct. at 

1400; Gainous, 436 S.W.2d at 138; see also Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 

350, 102 L. Ed. 2d 300 (1988).

We have considered counsel’s brief, and have also conducted our own independent 

review of the appellate record. We found no reversible error. See Bledsoe v. State, 178 S.W.3d 

824, 826–27 (Tex. Crim. App. 2005).

CONCLUSION

As required, Appellant’s counsel has moved for leave to withdraw. See In re Schulman, 

252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 

503, 511 (Tex. Crim. App. 1991). We agree with Appellant’s counsel that the appeal is wholly 

frivolous. Accordingly, we grant his motion for leave to withdraw, and affirm the judgment of 

the trial court. See TEX. R. APP. P. 43.2(a).

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 further review of this case by the Texas Court of Criminal Appeals, he must either 

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

discretionary review. See id. at 408 n.22. Any petition for discretionary review must be filed 

within thirty days after the date of this opinion or after the date this court overrules the last 

 

1 Counsel states in his motion to withdraw that he provided Appellant with a copy of his brief. Appellant 

was give time to file his own brief in this cause. The time for filing such brief has expired, and we have received no 

pro se brief.
3

timely motion for rehearing. See TEX. R. APP. P. 68.2(a). 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(a). 

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; 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)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JULY 22, 2015

NO. 12-14-00245-CR

JUSTIN CHRISTIAN,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 2nd District Court 

of Cherokee County, Texas (Tr.Ct.No. 19062)

THIS CAUSE came to be heard on the appellate record and brief 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.