Roxana Payan v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledJuly 10, 2026
Docket11-25-00016-CR
StatusPublished
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Full Opinion
Opinion filed July 10, 2026
In The
Eleventh Court of Appeals
__________
No. 11-25-00016-CR
__________
ROXANA PAYAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 358th District Court
Ector County, Texas
Trial Court Cause No. D-21-1821-CR
MEMORANDUM OPINION
Appellant, Roxana Payan, originally pleaded guilty to the third-degree felony
offense of driving while intoxicated. See TEX. PENAL CODE ANN. §§ 49.04(a),
49.09(b)(2) (West Supp. 2025). Pursuant to the terms of a negotiated plea agreement
between Appellant and the State, the trial court assessed Appellant’s punishment at
imprisonment for eight years in the Institutional Division of the Texas Department
of Criminal Justice (TDCJ), but suspended imposition of the sentence and placed
Appellant on community supervision for a period of five years. The State
subsequently moved to revoke Appellant’s community supervision, alleging that she
“failed to abstain from the use of intoxicating beverages” on three separate occasions
in August 2024. At the hearing on the motion to revoke, Appellant pleaded “true”
to the violations alleged. The trial court found the violations to be “true” and
permitted the parties to present punishment evidence. Upon the conclusion of the
hearing, the trial court revoked Appellant’s community supervision and assessed her
punishment at imprisonment for eight years in TDCJ.
Appellant’s court-appointed counsel has filed a motion to withdraw in this
court. The motion is supported by a brief in which counsel professionally and
conscientiously examines the record and applicable law and concludes that there are
no arguable issues to present on appeal. See Anders v. California, 386 U.S. 738, 744
(1967); In re Schulman, 252 S.W.3d 403, 406–09 (Tex. Crim. App. 2008). Counsel
has provided Appellant with a copy of the brief, a copy of the motion to withdraw,
an explanatory letter, and a copy of the clerk’s record and reporter’s record. Counsel
also advised Appellant of her right to object to counsel’s motion to withdraw, to
review the record and file a pro se response to counsel’s Anders brief, and to file a
petition for discretionary review. See TEX. R. APP. P. 6.5, 68. As such, court-
appointed counsel has complied with the requirements of Anders, 386 U.S. at 742–
44; Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); Schulman, 252 S.W.3d
at 409–12; and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991).
Appellant has not filed a pro se response to counsel’s Anders brief. Following
the procedures outlined in Anders and Schulman, we have independently reviewed
the record and likewise conclude that the appeal is without merit. See Anders, 386
U.S. at 744; Bledsoe v. State, 178 S.W.3d 824, 826–27 & n.6 (Tex. Crim. App.
2005). Appellant pleaded “true” to all three violations alleged, which the trial court
accepted and found to be “true.” We note that proof of one violation of the terms
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and conditions of a probationer’s community supervision is sufficient to support the
trial court’s revocation order. Smith v. State, 286 S.W.3d 333, 342 (Tex. Crim. App.
2009); Sanchez v. State, 603 S.W.2d 869, 871 (Tex. Crim. App. [Panel Op.] 1980);
Jones v. State, 472 S.W.3d 322, 324 (Tex. App.—Eastland 2015, pet. ref’d). In this
regard, a plea of “true,” standing alone, is sufficient to support a trial court’s decision
to revoke community supervision. See Garcia v. State, 387 S.W.3d 20, 26 (Tex.
Crim. App. 2012); Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App. [Panel
Op.] 1979). Therefore, based on our independent review of the record, we agree
with counsel that no arguable grounds for appeal exist.1
Accordingly, we grant counsel’s motion to withdraw, and we affirm the
judgment of the trial court.
JOHN M. BAILEY
CHIEF JUSTICE
July 10, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
We note that Appellant has the right to file a petition for discretionary review in the Texas Court
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of Criminal Appeals pursuant to Rule 68 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.
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