Alafire Ashley Lusk v. State ( 1997 )

Lusk v. State

IN THE

TENTH COURT OF APPEALS

No. 10-97-059-CR

No. 10-97-060-CR

     ALAFIRE ASHLEY LUSK,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the 203rd District Court

Dallas County, Texas

Trial Court # F96-03307-VP & F96-02784-TP

MEMORANDUM OPINION

      Alafire Ashley Lusk was indicted on November 1, 1996 on two counts of vehicular manslaughter for the deaths of Sarah Davis-Jackson and James Davis. See Tex. Penal Code Ann. § 49.08 (Vernon 1994). Lusk entered a guilty plea to the offenses. A jury assessed punishment at seven years' incarceration in the Institutional Division of the Texas Department of Criminal Justice and a $10,000 fine. See id. § 12.33 (Vernon 1994). Lusk's appointed attorney filed an Anders brief and a motion to withdraw on April 21, 1997. Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). On April 30, we granted the attorney's motion to withdraw in a per curiam order, finding that the appeal was without merit. Johnson v. State, 885 S.W.2d 641 (Tex. App.—Waco 1994, interlocutory order). Lusk has not filed a pro-se brief or a request for an extension of time to file her brief. Id. at 647 & n.3. Thus, because we have no viable points of error to consider, the judgment is affirmed. Tex. R. App. P. 81(b)(2), 90(a).

                                                                                  PER CURIAM

Before Chief Justice Davis,

          Justice Cummings, and

          Justice Vance

Affirmed

Opinion issued and filed June 18, 1997

Do not publish