Unreported / Non-Citable
Background
Robin Tavionne Durrough pleaded guilty in May 2023 to second-degree felony aggravated assault with a deadly weapon. The trial court placed her on deferred-adjudication community supervision for ten years.
In December 2025, the State sought adjudication, alleging that Durrough had failed to report as directed, possessed or used marijuana, failed to pay supervision reimbursement fees, and failed to complete supportive-outpatient and anger-management programs. Durrough pleaded true to every allegation. The trial court adjudicated her guilty and sentenced her to eight years in prison.
On appeal, Durrough’s appointed attorney filed an Anders brief and moved to withdraw, representing that the record presented no arguable grounds for relief. Durrough was notified of her rights but filed no pro se response, and the State filed no brief.
The Court’s Holding
The Second Court of Appeals independently reviewed the record, as required when appointed counsel files an Anders brief. It concluded that counsel’s brief and withdrawal motion complied with Anders and that counsel had satisfied the notice and record-access requirements governing such appeals.
The court agreed that the appeal was wholly frivolous and without merit. Its review revealed nothing that might arguably support an appeal.
Accordingly, the court granted appointed counsel’s motion to withdraw and affirmed the trial court’s judgment adjudicating Durrough guilty and imposing the eight-year sentence.
Key Takeaways
- A defendant’s pleas of true supported the trial court’s findings that she violated multiple conditions of deferred-adjudication community supervision.
- When counsel files an Anders brief, the appellate court independently examines the record for any arguably meritorious ground for appeal.
- Finding no arguable appellate issue, the court permitted counsel to withdraw and affirmed the judgment and sentence.
Why It Matters
The decision illustrates the procedure Texas appellate courts follow in Anders cases: appointed counsel must professionally evaluate the record and protect the defendant’s opportunity to respond, while the court must conduct its own review before declaring an appeal frivolous.
It also leaves intact Durrough’s adjudication for aggravated assault with a deadly weapon and her eight-year prison sentence following admitted community-supervision violations.