Kamal Samari v. State ( 1997 )

Samari-K v. State

  IN THE

TENTH COURT OF APPEALS

No. 10-97-072-CR

No. 10-97-073-CR

No. 10-97-074-CR

     KAMAL SAMARI,

                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                              Appellee

 

From the 291st District Court

Dallas County, Texas

Trial Court Nos. F95-32323-WU, F96-29306-KU & F96-47184-TU

                                                                                                                Â

MEMORANDUM OPINION

                                                                                                                Â

      Appellant Kamal Samari pleaded guilty to aggravated sexual assault in Cause No. F95-32323-WU and felony theft in Cause No. F96-29306-KU. See Tex. Penal Code Ann. §§ 22.021(a)(1)(B)(i), (2)(B), 31.03(e)(4)(A) (Vernon 1994 & Supp. 1997). In exchange for these pleas, the State recommended deferred adjudication community supervision in the aggravated sexual assault case and community supervision in the theft case. The court sentenced Samari in accordance with the State's recommendations.

      Two months later, Samari committed the offense of robbery. See Tex. Penal Code Ann. § 29.02(a)(2) (Vernon 1994). The State indicted Samari for this offense under Cause No. F96-47184-TU and filed motions to adjudicate Samari's deferred adjudication and to revoke his community service supervision. Samari pleaded guilty to the subsequent offense and true to the State's motions. The court followed the State's plea recommendations and sentenced Samari to five years' confinement in the Institution Division of the Texas Department of Criminal Justice for the aggravated sexual assault and robbery charges and two years' confinement in the State Jail Division of the Texas Department of Criminal Justice for the theft charge. Samari's appointed attorney filed an Anders brief and a motion to withdraw on April 23, 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, finding that the appeal was without merit. See Johnson v. State, 885 S.W.2d 641 (Tex. App.—Waco 1994, pet. ref'd). Samari has not filed a pro-se brief or a request for an extension of time to file his 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 July 23, 1997

Do not publish

tyle='mso-bidi-font-weight: normal'>From the 9th District Court

Montgomery County, Texas

Trial Court # 03-04-03046 CR

 

MEMORANDUM Opinion

 

Appellant has filed a motion to dismiss this appeal.  See Tex. R. App. P. 42.2(a); McClain v. State, 17 S.W.3d 310 (Tex. App.—Waco 2000, no pet.).  We have not issued a decision in this appeal. Appellant personally signed the motion. The Clerk of this Court has sent a duplicate copy of the motion to the trial court clerk.  Id.  The appeal is dismissed.

 

                                                          TOM GRAY

                                                          Chief Justice

 

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed November 24, 2004

Do not publish

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