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`Fourth Court of Appeals
`San Antonio, Texas
`MEMORANDUM OPINION
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`No. 04-19-00268-CR
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`Stacy James SPENCER,
`Appellant
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`v.
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`The STATE of Texas,
`Appellee
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`From the 379th Judicial District Court, Bexar County, Texas
`Trial Court No. 2018CR2340
`Honorable Ron Rangel, Judge Presiding
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`Opinion by: Rebeca C. Martinez, Justice
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`Sitting:
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`Delivered and Filed: February 19, 2020
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`AFFIRMED; MOTION TO WITHDRAW GRANTED
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`Rebeca C. Martinez, Justice
`Patricia O. Alvarez, Justice
`Luz Elena D. Chapa, Justice
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`Appellant Stacy James Spencer pled guilty to the third-degree felony offense of assault of
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`a household member, which was enhanced to a second-degree felony by a prior assault conviction.
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`See TEX. PENAL CODE ANN. § 22.01(b). Spencer was sentenced on June 27, 2018, to ten years’
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`incarceration, which was suspended for ten years of community supervision. On September 19,
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`2018, the State filed a motion to revoke Spencer’s community supervision, which resulted in
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`Spencer’s conditions of community supervision being amended. On March 19, 2019, the State
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`filed a second motion to revoke Spencer’s community supervision. During a revocation hearing
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`04-19-00268-CR
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`held on April 18, 2019, Spencer pled “true” to violating two conditions of his community
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`supervision. After receiving Spencer’s sworn testimony, the trial court found the allegations that
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`Spencer violated conditions of his community supervision to be “true.” The trial court revoked
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`Spencer’s community supervision and reformed the sentence to six years’ imprisonment, crediting
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`Spencer for the time he served while incarcerated on the charge. Two months later, the trial court
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`signed a nunc pro tunc order that corrected the time credited. Spencer now appeals.
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`Spencer’s court-appointed attorney filed a brief containing a professional evaluation of the
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`record in accordance with Anders v. California, 386 U.S. 738 (1967), and a motion to withdraw.
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`Counsel concludes that the appeal has no merit. Counsel provided Spencer with a copy of the brief
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`and informed him of his right to review the record and to file his own brief. See Kelly v. State, 436
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`S.W.3d 313, 319 (Tex. Crim. App. 2014); see also Nichols v. State, 954 S.W.2d 83, 85–86 (Tex.
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`App.—San Antonio 1997, no pet.) (per curiam); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex.
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`App.—San Antonio 1996, no pet.). Spencer thereafter filed a pro se brief. After reviewing the
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`record, counsel’s brief, and Spencer’s pro se brief, we conclude there is no reversible error and
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`agree with counsel that the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 826–
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`27 (Tex. Crim. App. 2005).
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`Accordingly, the judgment of the trial court is affirmed, and appellate counsel’s motion to
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`withdraw is granted.1 See Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1.
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`DO NOT PUBLISH
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`Rebeca C. Martinez, Justice
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`1 No substitute counsel will be appointed. Should Spencer 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 must file a pro se
`petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date
`of either this opinion or the last timely motion for rehearing that is overruled by this court. See TEX. R. APP. P. 68.2.
`Any petition for discretionary review must be filed in the Court of Criminal Appeals. See id. 68.3. Any petition for
`discretionary review must comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See
`id. 68.4.
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