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Alex Whitaker v. the State of Texas

2026-08-19

Summary

Holding. The court affirmed the trial court's judgment revoking community supervision and adjudicating Whitaker guilty, with modifications to the bill of costs and judgment to correct a time payment fee assessed during the appeal and to accurately reflect Whitaker's pleas to the allegations.

Alex Whitaker appealed his conviction following revocation of his deferred adjudication community supervision for attempted sexual assault. The trial court found that Whitaker violated multiple terms of his supervision, including failure to complete a sex offender treatment program, positive drug tests for marijuana, methamphetamine, and alcohol, and admission to viewing pornography. Whitaker pleaded true to three of seven alleged violations but contested the others.

Appellate counsel filed an Anders brief identifying no reversible error. The court independently reviewed the record and confirmed the appeal was frivolous. The probation officer's testimony established clear violations—missed treatment appointments, failed assignments, prohibited substance use, and pornography viewing—any one of which was sufficient to support revocation. Whitaker's own admissions and guilty pleas to three allegations foreclosed his argument that he complied with supervision terms.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether violations of community supervision terms were sufficiently proven
  • Whether an Anders appeal was frivolous and without merit
  • Propriety of time payment fees assessed during pending appeals
  • Accuracy of judgment reflecting defendant's pleas

Procedural posture

Whitaker appealed the trial court's revocation of his deferred adjudication community supervision and adjudication of guilt to the Court of Appeals, Seventh District of Texas.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-26-00106-CR

ALEX WHITAKER, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the Criminal District Court 4

Tarrant County, Texas1

Trial Court No. 1782838, Honorable Andy Porter, Presiding

August 19, 2026

MEMORANDUM OPINION

Before DOSS and YARBROUGH and PRATT, JJ.

Appellant Alex Whitaker was placed on deferred adjudication community

supervision for attempted sexual assault, a third-degree felony. The State moved to

revoke Appellant’s community supervision and have him adjudicated guilty for the

offense, alleging that he failed to complete or violated various terms of his community

supervision. Appellant pleaded true to three of the allegations and not true to the

1 Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the

Supreme Court of Texas. See TEX. GOV’T CODE § 73.001. Should a conflict exist between the precedent of the Second Court of Appeals and this Court on any relevant issue, we apply the precedent of the Second Court of Appeals. TEX. R. APP. P. 41.3.

remaining four. After a hearing, the trial court adjudicated Appellant guilty and sentenced

him to seven years and six months’ confinement in the Institutional Division of the Texas

Department of Criminal Justice.

Anders Review

When appointed appellate counsel, after a conscientious examination of the

record, concludes that an appeal is frivolous, counsel must file a brief identifying anything

in the record that might arguably support the appeal. Anders, 386 U.S. 738, 744, 87 S.

Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel must also serve the client with a copy of the

brief and the motion to withdraw and inform the client of the right to file a pro se response

and a pro se petition for discretionary review. In re Schulman, 252 S.W.3d 403, 408 (Tex.

Crim. App. 2008). This Court, in turn, must independently examine the entire record to

determine whether any nonfrivolous issue exists. Penson v. Ohio, 488 U.S. 75, 80, 109

S. Ct. 346, 102 L. Ed. 2d 300 (1988); Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim.

App. 1991).

Appellant’s counsel has certified that, after diligently searching the record, he has

found no reversible error upon which an appeal can be predicated. He provided Appellant

with a copy of the Anders brief, the motion to withdraw, and the appellate record, and he

notified Appellant of his rights to file a pro se response and a pro se petition for

discretionary review. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014).

By letter, this Court also notified Appellant of his right to file a pro se response. Appellant

filed a letter insisting that he complied with the terms of his community supervision.

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We have carefully reviewed the record and counsel’s Anders brief. Our

independent review confirms counsel’s assessment that the appeal is wholly frivolous and

without merit. Bledsoe v. State, 178 S.W.3d 824, 826 (Tex. Crim. App. 2005).

As to Appellant’s assertion that he complied with all the terms of his community

supervision despite pleading true to three of the seven grounds for the motion to

adjudicate, his probation officer testified that he did not complete his required sex offender

treatment program and was discharged. The reasons for Appellant’s discharge include

missing five appointments, failing to complete assignments, viewing pornography twice

per week, and using illicit drugs.2 Appellant tested positive for marijuana on five separate

occasions and methamphetamine and alcohol once and failed to report on another

occasion. Appellant also admitted to some violations through his own testimony while

denying others. A single violation is sufficient to support revoking community supervision

and adjudicating guilt. Garcia v. State, 387 S.W.3d 20, 26 (Tex. Crim. App. 2012).

Accordingly, Appellant’s pleas of true and admission to violations foreclose any argument

to the contrary.

MODIFICATION OF THE JUDGMENT

The bill of costs assesses a $15.00 time payment fee. The Court of Criminal

Appeals has held that the pendency of an appeal stops the clock for purposes of that fee.

Dulin v. State, 620 S.W.3d 129, 133 (Tex. Crim. App. 2021). Any time payment fee

assessed while an appeal is pending must be stricken in its entirety, without prejudice to

reassessment after the appellate mandate issues. Id. Here, the $15.00 fee was assessed

2 Appellant’s terms of community supervision also prohibited him from watching sexually explicit

material or using illicit drugs.

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while this appeal was pending. We therefore modify the bill of costs to delete it, without

prejudice to reassessment if Appellant fails to timely pay the amounts owed after the

mandate issues. See id.

Additionally, the judgment reflects that Appellant pleaded “not true” to the

allegations in the State’s motion to adjudicate guilt. However, the record reflects that

Appellant pleaded true to allegations one through three and not true to allegations four

through seven. We accordingly modify the judgment to accurately reflect Appellant’s

pleas to the motion to adjudicate.

CONCLUSION

We modify the bill of costs to delete the $15.00 time payment fee. The district clerk

is directed to prepare and file an amended bill of costs reflecting the modification and to

furnish a copy to this Court, Appellant, and the Texas Department of Criminal Justice.

This modification extends to any order to withdraw funds from Appellant’s inmate account.

See TEX. GOV’T CODE § 501.014(e); Harrell v. State, 286 S.W.3d 315, 321 (Tex. 2009).

Finding no arguable ground for appellate review, we grant counsel’s motion to withdraw

and affirm the trial court’s judgment as modified.3

Lawrence M. Doss

Justice

Do not publish.

3 Counsel shall, within five days after this opinion is handed down, send Appellant a copy of the

opinion and judgment, along with notification of Appellant’s right to file a pro se petition for discretionary review. See TEX. R. APP. P. 48.4. This duty is informational and ministerial in nature, does not involve legal advice, and continues after this Court grants counsel’s motion to withdraw. In re Schulman, 252 S.W.3d at 411 n.33.

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