Tydran Provo v. The State of Texas

Summary

The Seventh Court of Appeals of Texas reviewed an Anders appeal from a judgment adjudicating Tydran Provo guilty of disclosing or threatening to disclose intimate visual material. The court granted appointed counsel’s motion to withdraw, affirmed the judgment, and modified the bill of costs by deleting a $15 time-payment fee and $680 in court-appointed attorney’s fees. The opinion was designated not for publication.

Holdings

1. After independently examining the record and counsel's Anders brief, the court found no preserved, non-frivolous ground that would support reversal of appellant's conviction or sentence.
2. A $15 time-payment fee assessed while the appeal remained pending was premature and had to be deleted from the bill of costs.
3. The $680 assessment of court-appointed attorney's fees had to be deleted because appellant was indigent and the trial court did not expressly find a material change in his financial circumstances.

Questions Presented

1. Whether the Anders record contained any preserved, non-frivolous issue warranting reversal of the judgment adjudicating guilt or sentence.
2. Whether the judgment and bill of costs should be modified to delete a prematurely assessed $15 time-payment fee.
3. Whether the assessment of $680 in court-appointed attorney's fees should be deleted because appellant was indigent and the trial court made no express finding of a material change in financial circumstances.

Disposition

affirmed