Elizabeth Anne Allen v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledAugust 13, 2026
Docket11-26-00026-CR
StatusPublished
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Full Opinion
Opinion filed August 13, 2026
In The
Eleventh Court of Appeals
__________
No. 11-26-00026-CR
__________
ELIZABETH ANNE ALLEN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 42nd District Court
Taylor County, Texas
Trial Court Cause No. 31250A
MEMORANDUM OPINION
Appellant, Elizabeth Anne Allen, pled guilty to possession of a controlled
substance in an amount of one gram or more but less than four grams, a third-degree
felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West Supp. 2025).
Pursuant to the terms of a negotiated plea agreement between Appellant and the
State, the trial court placed Appellant on deferred adjudication community
supervision on April 17, 2025, for a period of six years.
The State moved to adjudicate Appellant’s guilt four months later. The State
alleged that Appellant: (1) committed the offense of possession of a controlled
substance on or about May 28, 2025, in violation of Condition A of the Terms and
Conditions of Community Supervision; (2) admitted to using marihuana in violation
of Condition B of the Terms and Conditions of Community Supervision; (3) failed
to report in May, June, and July 2025 in violation of Condition D of the Terms and
Conditions of Community Supervision; (4) left her designated counties without
written consent in violation of Condition G of the Terms and Conditions of
Community Supervision; (5) possessed marihuana in violation of Condition I of the
Terms and Conditions of Community Supervision; and (6)–(8) failed to pay court
costs and various fees in violation of Condition N of the Terms and Conditions of
Community Supervision.
At a hearing on the State’s motion, the State waived the first allegation, and
Appellant pled “true” to the remaining allegations. Upon the conclusion of the
hearing, and having considered the evidence presented, the trial court found every
remaining allegation in the State’s motion to be “true,” adjudicated Appellant guilty,
and sentenced Appellant to ten years’ confinement in the Institutional Division of
the Texas Department of Criminal Justice but suspended the imposition of that
sentence and placed Appellant on community supervision for ten years.
Appellant’s court-appointed counsel has filed a motion to withdraw in this
court, supported by a brief in which counsel professionally and conscientiously
examines the record and applicable law and concludes that there are no meritorious
or arguable grounds 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 copy of the appellate record. Counsel also
advised Appellant of her right to object to counsel’s motion, review the record, file
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a pro se response to counsel’s Anders brief, and 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 409–12; and Stafford v. State, 813
S.W.2d 503 (Tex. Crim. App. 1991).
Appellant has not filed a response to counsel’s Anders brief. Following the
procedures outlined in Anders and Schulman, we have independently reviewed the
record and the brief, and we conclude that this appeal is without merit. See Anders,
386 U.S. at 744; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).
Here, Appellant pled “true” to seven allegations in the State’s motion, which the trial
court accepted and found to be “true.” Further, the evidence presented at the hearing
is sufficient to support each finding of “true” made by the trial court. See Rickels v.
State, 202 S.W.3d 759, 764 (Tex. Crim. App. 2006). Proof of only a single violation
of the terms and conditions of a probationer’s community supervision is sufficient
to adjudicate Appellant guilty. Bryant v. State, 391 S.W.3d 86, 93 (Tex. Crim. App.
2012); Garcia v. State, 387 S.W.3d 20, 26 (Tex. Crim. App. 2012); 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); Hart v. State, 264 S.W.3d 364, 367 (Tex. App.—
Eastland 2008, pet. ref’d). Moreover, and in this regard, a plea of “true,” without
more, is sufficient to support the trial court’s decision. See Garcia, 387 S.W.3d at
26; Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App. [Panel Op.] 1979).
Accordingly, we agree with counsel that no meritorious or arguable grounds for
appeal exist.1 See Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009)
We note that Appellant has the right to file a petition for discretionary review in the Texas Court
1
of Criminal Appeals pursuant to Rule 68 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.
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(“[C]ourts of appeals must decide whether the Anders appeal and subsequent pro se
brief raise any meritorious ‘arguable grounds’ for review.”).
Accordingly, we grant counsel’s motion to withdraw, and we affirm the
judgment of the trial court.
W. BRUCE WILLIAMS
JUSTICE
August 13, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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