Jessie M. Vasquez v. State ( 2006 )


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  •                                     NO. 07-05-0349-CR
    IN THE COURT OF APPEALS
    FOR THE SEVENTH DISTRICT OF TEXAS
    AT AMARILLO
    PANEL B
    AUGUST 31, 2006
    ______________________________
    JESSE VASQUEZ, APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    _________________________________
    FROM THE COUNTY COURT AT LAW NO. ONE OF LUBBOCK COUNTY;
    NO. 2004-490125; HONORABLE RUSTY B. LADD, JUDGE
    _______________________________
    Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
    MEMORANDUM OPINION
    Appellant Jesse M. Vasquez, following his trial by jury, appeals his conviction for
    resisting arrest and his jury-imposed sentence of seven days in the Lubbock County Jail
    and a fine of $2,000.00. We will affirm the judgment and grant counsel’s motion to
    withdraw in the case.
    Appellant’s counsel has filed a brief stating that he has carefully reviewed the record
    in this case and concludes there is no reversible error and that the appeal is frivolous. See
    Anders v. California, 
    386 U.S. 738
    , 744-45 (1967). Counsel has also filed a motion to
    withdraw in the case and, by letter, informed appellant of his right to file a pro se brief.
    Johnson v. State, 
    885 S.W.2d 641
    , 646 (Tex.App.–Waco 1994, pet. ref’d). By letter dated
    April 4, 2006, this court also notified appellant of his opportunity to submit a response to
    the Anders brief and motion to withdraw filed by his counsel, granting him until May 4, 2006
    to do so. This court’s letter also reminded appellant to contact his counsel if he needed
    to review any part of the appellate record to prepare a response. Appellant filed a
    response on May 3, 2006.
    We have independently examined the entire record in the case to determine
    whether there are any non-frivolous grounds which might support the appeal. See Penson
    v. Ohio, 
    488 U.S. 75
    (1988); Stafford v. State, 
    813 S.W.2d 503
    , 511 (Tex.Crim.App. 1991).
    We have found no such grounds. After reviewing the record before us, counsel’s brief, and
    appellant’s response, we agree with counsel that the appeal is frivolous. See Bledsoe v.
    State, 
    178 S.W.3d 824
    (Tex.Crim.App. 2005).
    Accordingly, counsel’s motion to withdraw is granted and the judgment is affirmed.
    James T. Campbell
    Justice
    Do not publish.
    2
    

Document Info

Docket Number: 07-05-00349-CR

Filed Date: 8/31/2006

Precedential Status: Precedential

Modified Date: 9/7/2015