Justin Lane Metcalfe v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledJune 17, 2026
Docket09-26-00014-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-26-00014-CR
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JUSTIN LANE METCALFE, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 356th District Court
Hardin County, Texas
Trial Cause No. 27766
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MEMORANDUM OPINION
A grand jury indicted Appellant Justin Lane Metcalfe for the state jail felony
offense of possession of a controlled substance, namely methamphetamine. See Tex.
Health & Safety Code Ann. § 481.115. Metcalfe pleaded guilty and waived his right
to a jury trial. The trial court placed Metcalfe on deferred adjudication community
supervision for three years and assessed a $250 fine.
1
The State filed a motion to revoke Metcalfe’s deferred adjudication
community supervision, alleging that Metcalfe had violated the terms of his
community supervision. In a hearing on the motion to revoke, Metcalfe pleaded
“true” to violations of his community supervision. The trial court accepted
Metcalfe’s pleas of “true,” and after hearing evidence, the trial court revoked
Metcalfe’s deferred adjudication community supervision, found Metcalfe guilty of
the state jail felony offense of possession of a controlled substance, and sentenced
Metcalfe to two years of confinement.
Metcalfe’s appointed counsel filed a brief that presents counsel’s professional
evaluation of the record and concludes the appeal is without merit and that there are
no arguable grounds for reversal. See Anders v. California, 386 U.S. 738 (1967);
High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 24, 2026, we
granted an extension of time for Metcalfe to file a pro se brief, and Metcalfe failed
to do so.
Upon receiving an Anders brief, this Court must conduct a full examination
of the record of all the proceedings to determine whether the appeal is wholly
frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744).
We have reviewed the entire appellate record and counsel’s brief, and we have found
nothing that would arguably support the appeal. See Bledsoe v. State, 178 S.W.3d
824, 827-28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by
2
indicating in the opinion that it considered the issues raised in the briefs and
reviewed the record for reversible error but found none, the court of appeals met the
requirements of Texas Rule of Appellate Procedure 47.1.”); see also Tapia v. State,
462 S.W.3d 29, 31 n.2 (Tex. Crim. App. 2015) (“A plea of true, standing alone, is
sufficient to support the revocation of community supervision and adjudicate
guilt.”). Therefore, we find it unnecessary to order appointment of new counsel to
re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App.
1991). 1 We affirm the trial court’s judgment.
AFFIRMED.
JAY WRIGHT
Justice
Submitted on June 3, 2026
Opinion Delivered June 17, 2026
Do Not Publish
Before Golemon, C.J., Wright and Chambers, JJ.
1
Metcalfe may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
3