CourtListener 10452044•James Robert Bolton v. the State of Texas
Testo completo
Court of Appeals
Tenth Appellate District of Texas
10-24-00351-CR
James Robert Bolton,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
52nd District Court of Coryell County, Texas
Judge Trent D. Farrell, presiding
Trial Court Cause No. 22-27388
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
James Robert Bolton pled “not true” to the sole violation alleged by the
State in its first amended motion to revoke his community supervision for the
third-degree felony offense of assault family violence by occlusion. See TEX.
PENAL CODE ANN. § 22.01(b)(2)(B). After a contested hearing on the motion,
the trial court revoked Bolton’s community supervision and sentenced him to
six years in prison. This appeal followed. We affirm the judgment of the trial
court.
Bolton’s court-appointed counsel filed a motion to withdraw and an
Anders brief in support of the motion asserting that he has diligently reviewed
the appellate record and that, in his opinion, the appeal is frivolous. See
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
Counsel’s brief evidences a professional evaluation of the record for error and
compliance with the other duties of appointed counsel. We conclude that
counsel has performed the duties required of appointed counsel. See id. at 744,
87 S. Ct. at 1400; High v. State, 573 S.W.2d 807, 812-13 (Tex. Crim. App. [Panel
Op.] 1978); see also Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App.
2014); In re Schulman, 252 S.W.3d 403, 407-09 (Tex. Crim. App. 2008). By
letter, we informed Bolton of his right to review the appellate record and to file
a pro se response. Bolton did not file a pro se response.
In reviewing an Anders appeal, we must, "after a full examination of all
the proceedings, ... decide whether the case is wholly frivolous." Anders, 386
U.S. at 744; see Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 102 L. Ed. 2d
300 (1988); accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App.
1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any
basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10, 108
James Robert Bolton v. The State of Texas Page 2
S. Ct. 1895, 100 L. Ed. 2d 440 (1988). After a review of the entire record in this
appeal, we have determined the appeal to be wholly frivolous. See Bledsoe v.
State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Accordingly, we affirm
the judgment of the trial court.
Counsel’s motion to withdraw from representation of Bolton is granted.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: May 1, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed; Motion Granted
Do not publish
CR25
James Robert Bolton v. The State of Texas Page 3
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