Peters, Derrick v. State ( 2002 )


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  • Opinion issued August 29, 2002

















    In The

    Court of Appeals

    For The

    First District of Texas




    NO. 01-02-00031-CR




    DERRICK PETERS, Appellant



    V.



    THE STATE OF TEXAS, Appellee




    On Appeal from the 122nd District Court

    Galveston County, Texas

    Trial Court Cause No. 01CR1553




    MEMORANDUM OPINION



    Appellant, Derrick Peters, pleaded guilty to felony evading arrest or detention. The indictment contained six enhancement paragraphs alleging prior convictions, including a prior conviction for evading arrest or detention. The trial court sentenced appellant to two years in a state jail.

    Counsel has filed a brief stating his opinion that the appeal is frivolous. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and stating why there are no arguable grounds of error on appeal. See Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).

    Counsel certifies that the brief was delivered to appellant, and he was advised he had a right to file a pro se response. Appellant's motion for an extension to file a pro se response was granted. More than 45 days have passed, and appellant has not filed his brief.  

    We have reviewed the record and counsel's brief. We hold there are no arguable grounds for appeal. We affirm the trial court's judgment.

    We also grant counsel's motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.--Houston [1st Dist.] 2000, no pet.). We note that counsel still has a duty to inform appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).  

    PER CURIAM



    Panel consists of Justices Taft, Jennings, and Keyes.

    Do not publish. Tex. R. App. P. 47.4.

Document Info

Docket Number: 01-02-00031-CR

Filed Date: 8/29/2002

Precedential Status: Precedential

Modified Date: 9/2/2015