Phillip Lackie v. State ( 2003 )

Phillip Lackie v. State

  IN THE

TENTH COURT OF APPEALS

No. 10-01-419-CR

     PHILLIP LACKIE,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

From the 82nd District Court

Robertson County, Texas

Trial Court # 01-04-17,049-CR

MEMORANDUM OPINION

      Phillip Lackie pleaded nolo contendere to aggravated sexual assault without the benefit of a plea bargain. After a hearing, the court sentenced him to 99 years’ imprisonment.

      Lackie’s appellate counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493, 498 (1967). Counsel notified Lackie that he had filed an Anders brief, sent him a copy of the brief, informed him that he had the right to file a pro se brief or other response, and told him how to obtain a copy of the record for preparation of a brief or response. See Sowels v. State, 45 S.W.3d 690, 693 (Tex. App.—Waco 2001, no pet.). The Clerk of this Court also notified Lackie that he could review the record and file a brief or response. Although we granted Lackie one extension, he has not filed a brief or response.

      Lackie’s counsel does not identify “potential sources of error” in his brief. E.g., Taulung v. State, 979 S.W.2d 854, 855 (Tex. App.—Waco 1998, no pet.). Rather, counsel reviews the indictment, the plea proceedings, the evidence, and the conduct of trial counsel, then concludes that the appeal presents no issues of arguable merit.

      This Court has conducted an independent review of the record and has reached the same conclusion. See Sowels, 45 S.W.3d at 691-92. The indictment vested the court with jurisdiction. Lackie filed no pretrial motions. The State introduced substantial evidence to support Lackie’s plea. Although Lackie received nearly the maximum punishment, the State dismissed fifteen similar charges which the court took under consideration under section 12.45 of the Penal Code. Tex. Pen. Code Ann. § 12.45 (Vernon 2003).

      The record reflects no “issues which might arguably support an appeal.” Sowels, 45 S.W.3d at 692. Accordingly, we affirm the judgment. Counsel must advise Lackie of our decision and of his right to file a petition for discretionary review. Sowels, 45 S.W.3d at 694.

                                                                   REX D. DAVIS

                                                                   Chief Justice

Before Chief Justice Davis,

      Justice Vance and

      Justice Gray

Affirmed

Opinion delivered and filed July 23, 2003

Do not publish

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