Janet Niday AKA Janet Catchings v. State ( 2007 )


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  • Opinion issued December 6, 2007  













    In The

    Court of Appeals

    For The

    First District of Texas

    ____________



    NO. 01-06-00995-CR

    ____________



    JANET NIDAY, Appellant



    V.



    THE STATE OF TEXAS, Appellee




    On Appeal from the 339th District Court

    Harris County, Texas

    Trial Court Cause No. 1032532




    MEMORANDUM OPINION  

    Appellant, Janet Niday, pleaded guilty to the offense of theft by a public servant without an agreed recommendation as to punishment with the State, and the trial court, after a pre-sentence investigation hearing, assessed her punishment at confinement for 8 years. We affirm.

    Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; S ee also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App.1978).

    Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of her right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex. Crim. App. 2005).

    We affirm the judgment of the trial court and grant counsel's motion to withdraw. (1)

    PER CURIAM

    Panel consists of Justices Nuchia, Jennings, and Keyes.

    Do not publish. Tex. R. App. P. 47.2(b).

















    1.

    Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).

Document Info

Docket Number: 01-06-00995-CR

Filed Date: 12/6/2007

Precedential Status: Precedential

Modified Date: 9/3/2015