## In t he Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 23

- 00055

- CR

JANET LEE GUAJARDO , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 114th District Court Smith County, Texas Trial Court No. 114

- 0889

- 20

B efore Stevens , C.J., van Cleef and Rambin , JJ. Memorandum Opinion by Justice van Cleef2 

### ME MORANDUM OPINION

On December 10, 2020, Janet Lee Guajardo , pursuant to a plea agreement, pled guilty to abandoning or endangering a child 1 and was placed on com munity supervision for a period of five years. 2 In January 2023 , the State moved to revoke Guajardo ’s community supervision and

to sentence her to two years’ incarceration in state jail. The State’s motion alleged, amon g other things , that Guaj ardo f

aile d to com plete community service hours and obtain her GED as required by the court ’s community supervision terms and conditions. Guajardo pled true to four of the allegations and, after an evidentiary hearing, the trial court granted the State’s motion

. G uajard o was sentenced to fifteen months’ incarceration. Guajardo ’ s appellate counsel fi led a brief stating that s he reviewed the record and found no genuinely arguable issues that could be raised on appeal

. The brief sets out the p rocedu ral

histor y of t he case and summarizes the evidence elicited during the trial court proceeding s

. Since counsel provided a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced , that evaluati on m eet s the requirement s of Ander s v. California

. Anders v. California , 386 U.S. 738, 743

– 44 (1 967); In re Schulman , 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State , 813 S.W.2d 503, 509

– 10 (Tex. Crim.
App. 1991); High v. State , 5 73 S.W.2d 807, 8 12

– 13 (Tex . Crim. App. [Panel Op.] 1978).

Counsel also filed a motion wi th this Court seeking to withdraw as counsel in this appeal.

1 See T EX

. P ENAL C ODE A NN

. § 22.041(c) (Supp.).

2 Guajardo was sentenced to t wo years in a state jail f a cility, with the sentence suspended.3

By letter of June 8, 2023, counsel sent Gua j ardo copies of the Anders br ief a nd a motion

to wi thdraw and informed Guajardo of her rights to review the record and file a pro se response. Guajardo did not request a cop y of the appellate record . On July 11, 2023, this Court notified Guajardo that her pro se response was due on August 10, 2 023. Guajardo did not file a responsive bri e f , and on August 24, 2023 , this Court notif i ed her that her case would be submitted to the Court on September 14, 2023. We have determined that this appeal is who lly frivolous. We have independently

reviewed the entire appella te record and, like couns e l , have determined that no arguable issue
supports a n appeal. See Bledsoe v. State , 178 S.W.3d 824, 826

– 27 (Tex. Crim. App. 2005). In

the Anders context, once we d etermine that the appeal is without merit, we must affirm the tri al court’s judgment. Id.

We affirm t he trial court ’s judgment

. 3

Charle s van Cleef Justice

Date Submitted: September 14, 2023 Date Decided: September 15 , 2 023

Do Not Publish

3 Since we agree that this case presents no reversible error, we also, in accordance with Anders , grant counsel’s request to w ithdraw from further r epresentat ion of appellant in this case. S ee Anders , 386 U.S. at 74 4

. No substitute counsel will be appointed. Should appellant desire to seek further review of this case by the Texas Court of Criminal Appeals, he must either retai n an attorney to file a petition for discretionary review or file a pro se petition for di s c retionary review. Any petition for discretionary review (1) must be filed within thirty days from either the date of this opinion or the date on which the last tim ely motion for reheari ng was ove rruled by this Court, s ee T EX

. R. A PP

. P. 68.2, (2) must b e filed with the clerk of the Texas Court of Criminal Appeals, see T EX

. R. A PP

. P. 68.3, and (3) should comply with the requirements of Rule 68.4 of the Texas Rules o f Appellate Procedure, see T EX

. R. A PP

. P. 68.4.