                                                                                              ACCEPTED
                                                                                          12-15-00168-CR
                                                                             TWELFTH COURT OF APPEALS
                                                                                           TYLER, TEXAS
                                                                                     9/15/2015 2:18:50 PM
                                                                                                Pam Estes
                                                                                                   CLERK
                    IN THE COURT OF APPEALS
                  TWELFTH APPELLATE DIVISION
                         STATE OF TEXAS
                                                                     RECEIVED IN
                                                               12th COURT OF APPEALS
TAZZIE MAE GRAY,                      §                             TYLER, TEXAS
   APPELLANT                          §                        9/15/2015 2:18:50 PM
                                      §                               PAM ESTES
    v.                                §              No.                Clerk
                                                           12-15-00168-CR
                                      §
THE STATE OF TEXAS,                   §
   APPELLEE                           §
                                                                            9/15/2015

         ___________________________________________________


                          APPELLANT’S BRIEF

         ___________________________________________________

                    On appeal from Cause Number F1118811
             in the 145th District Court, Nacogdoches County, Texas
                    Honorable Judge Campbell Cox Presiding


                                                  Respectfully submitted,


                                                  Dean Watts
                                                  Attorney for Appellant
                                                  SBN # 24003143
                                                  120 East Pilar Street
                                                  Nacogdoches, Texas 75961
                                                  (936) 559-9288
                                                  Fax (936) 559-0959
                              IDENTITY OF PARTIES & COUNSEL


Appellant ......................................................... Tazzy Mae Gray


                                                              Dan Simmons
                                                              TRIAL COUNSEL

                                                              Dean Watts
                                                              APPELLATE COUNSEL


Appellee ........................................................... The State of Texas

                                                              Nicole Lostracco
                                                              TRIAL & APPELLATE COUNSEL




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                                            TABLE OF CONTENTS

IDENTITY OF PARTIES & COUNSEL............................................................................. i

INDEX OF AUTHORITIES .............................................................................................. iii

STATEMENT OF THECASE ............................................................................................ 1

ISSUE PRESENTED .......................................................................................................... 1

STATEMENT OF THE CASE……………………………………………………………1

SUMMARY OF THE ARGUMENT .................................................................................. 1

ARGUMENT.......................................................................................................................2

PRAYER FOR RELIEF.................................................................. ...................................2

CERTIFICATE OF SERVICE ………………………………………………….………...3




                                                           ii
                           INDEX OF AUTHORITIES

                                                                             Page:


Case Law:

Anders v. California, 386 U.S. 738 (1967)…………….……………............................2




                                      iii
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

       COMES NOW the Appellant in this cause, by and through his attorney of record,

Dean Watts, and pursuant of the provisions of TEX.R.APP.PRO. 38, et seq., files this

brief on appeal.

                             STATEMENT OF THE CASE

       On August 16, 2012, the Appellant pled guilty to the offense of unlawful restraint:

exposure to serious bodily injury, a second degree felony, and was sentenced to ten years

probated for ten years. On June 11, 2015, Appellant pled true to violating the terms of her

probation. (Vol.1, p.6, 8). On the same day, the Court found the Appellant to have

violated her probation and sentenced her to confinement for a term of 10 years (Vol.1,

p.42). The Appellant timely filed a notice of appeal on June 15, 2015.

                                STATEMENT OF FACTS

       On June 11, 2015, a probation revocation hearing was held in which the Appellant

pled true to violating her probation by failing to report, violating her curfew, drinking

alcohol, failing to attend mental health care appointments, and failing to pay probation

fees, costs, and fines. (Vol.1 p. 6, 8, 14). A subsequent punishment hearing was held in

which the Appellant was sentenced to 10 years imprisonment (Vol.1, p.42). There were

no substantive objections during the hearing.

                          SUMMARY OF THE ARGUMENT

       After a careful review of the record, it appears to Appellate Counsel that there

does not seem be errors that could support an appeal in this case. In such cases as this, it

                                           1
is the duty of Appellate Counsel to inform the Court that in Counsel’s opinion, no good

faith basis for appeal exists and Appellate Counsel now so informs the Court.

                                       ARGUMENT

       The Appellant pled true at her probation revocation hearing to violating her

probation, so there were no legal issues regarding the evidence of Appellant’s probation

being violated. (Vol. 1, p. 6, 8, 14). Therefore, the only issues that could be appealed

would involve error at the punishment phase of trial.

       At the punishment hearing, a probation officer testified about Appellant’s various

probation violations (Vol.1, p. 7-21). A second probation officer testified about her

curfew violations (Vol, p. 21-23. A Burke Center employee testified about the

Appellant’s failure for mental health treatment (Vol.1, p. 23-25).The Appellant testified

about the allegations, and told the Court about mitigating circumstances surrounding

those violations (Vol.1, p. 26-37). There were no objections from either side regarding

this testimony. At the conclusion of the hearing, the Court gave the Appellant a ten year

sentence, which was within the legal punishment range for her case (Vol 1, p. 42). As

such, there does not appear to be any valid legal errors which could be raised at the

punishment phase of Appellant’s trial.

       Consequently, after a careful review of the record, Counsel finds nothing that

“might arguably support the appeal”. Anders v. California, 386 U.S. 738 (1967).

                                         PRAYER




                                           2
       WHEREFORE, PREMISES CONSIDERED, Counsel respectfully prays that this

Court permit him to withdraw after this Court’s own examination of the record in this

cause to afford Appellant his right to file any pro se brief he may wish to file.

                                                             Respectfully submitted,

                                                             /s/ Dean Watts
                                                             Dean Watts
                                                             Attorney for the Appellant
                                                             SBN 24003143
                                                             120 East Pilar Street
                                                             Nacogdoches, Texas 75961
                                                             (936) 559-9288
                                                             Fax (936) 559-0959

                                CERTIFICATE OF SERVICE

        A true copy of the State’s brief has been provide by electronic delivery to the Attorney for
the State at 101 West Main Street, Nacogdoches, Texas 75961, and by mail to Tazzie Mae Gray,
Appellant, TDCJ #02003574 at 904 FM 686; Dayton, TX 77535 , on September 15, 2015.

                                                     /s/ Dean Watts
                                                     Dean Watts
                                                     Attorney for Appellant

                             CERTIFICATE OF COMPLIANCE


        In accordance with Rule 9.4 of the Texas Rules of Appellate Procedure, I certify that the
total number of words in this document are 802 words.

                                                     /s/ Dean Watts
                                                     Dean Watts
                                                     Attorney for Appellant




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