James Clinton Coyle v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledJuly 30, 2026
Docket01-25-00213-CR
StatusPublished
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Full Opinion
Opinion issued July 30, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00213-CR
NO. 01-25-00214-CR
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JAMES CLINTON COYLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 2nd 25th District Court
Colorado County, Texas
Trial Court Case Nos. 22-132, 22-133
MEMORANDUM OPINION
James Clinton Coyle pled guilty to two charges of theft of between $2500 and
$30,0001 and entered into a plea agreement under which the trial court placed him
on deferred adjudication community supervision for four years. In January 2025,
the State moved to adjudicate Coyle’s guilt in both cases, alleging he had violated
multiple terms of his community supervision. After a hearing, the trial court granted
the State’s motions, adjudicated Coyle guilty, and sentenced him to two years in
prison for the state-jail felony offense and eight years in prison for the third-degree
felony offense, with the sentences to run concurrently.2 Coyle timely appealed.
Coyle’s appointed counsel has now filed a motion to withdraw, along with an
Anders brief, stating that the record presents no reversible error and that the appeal
is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 744 (1967).
Counsel states in his brief that he has thoroughly reviewed the record and is
unable to advance any ground of error that warrants reversal. See id.; In re Schulman,
252 S.W.3d 403, 406–09 (Tex. Crim. App. 2008); Mitchell v. State, 193 S.W.3d 153,
155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Counsel’s brief meets the
Anders requirements because it presents a professional evaluation of the record and
1
One charge alleged that the victim was elderly, which elevated that charge to a third-
degree felony. See TEX. PENAL CODE § 31.03(a), (b), (f)(3)(A). The other charge
was a state-jail felony. See id. § 31.03(e)(4)(A).
2
See id. §§ 12.34, 12.35, 31.03(e)(4), (5), (f)(3)(A).
2
supplies this Court with references to the record and legal authority. See Anders, 386
U.S. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978).
Further, Coyle’s counsel informed this Court that he mailed a copy of the
motion to withdraw and Anders brief to Coyle and informed him of his right to access
the appellate record and file a pro se response. See Kelly v. State, 436 S.W.3d 313,
319–20 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d at 408–09.3
Coyle filed a pro se response to the Anders brief in each case.
The State filed a waiver of its right to file a response to the Anders briefs.
We have independently reviewed the entire record in this appeal. See Mitchell,
193 S.W.3d at 155. And we conclude that no reversible error exists in the record,
that there are no arguable grounds for review, and that the appeal is frivolous. See
Anders, 386 U.S. at 744 (emphasizing that reviewing court—and not counsel—
determines, after full examination of proceedings, whether appeal is wholly
frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009); Bledsoe
v. State, 178 S.W.3d 824, 826–28 (Tex. Crim. App. 2005).
3
Subsequently, this Court also notified Coyle at his last known address of his right
to access the record and file a response and provided a form motion to access the
record. See Kelly v. State, 436 S.W.3d 313, 321–22 (Tex. Crim. App. 2014).
3
We therefore affirm the judgment of the trial court and grant counsel’s motion
to withdraw.4 See TEX. R. APP. P. 43.2(a). Attorney Gregory Sherwood must
immediately send the required notice and file a copy of that notice with the Clerk of
this Court. See TEX. R. APP. P. 6.5(c). We dismiss any other pending motions as
moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guiney and Morgan.
Do not publish. TEX. R. APP. P. 47.2(b).
4
Appointed counsel still has a duty to inform Coyle of the result of this appeal and
that he may, on his own, pursue discretionary review in the Texas Court of Criminal
Appeals. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005). An
appellant may challenge a holding that there are no arguable grounds for appeal by
filing a petition for discretionary review. See id. at 827 & n.6.
4