Christopher Wayne Yell v. State ( 2009 )

Opinion issued February 19, 2009

In The

Court of Appeals  

For The  

First District of Texas  

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NOS. 01-07-00145-CR

          01-07-00146-CR

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CHRISTOPHER WAYNE YELL Appellant  

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause Nos. 1055947 and 1021631

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MEMORANDUM OPINION  

          Appellant, Christopher Wayne Yell, pleaded guilty to the offense of burglary of a habitation, in cause number 1021631. After a presentence hearing, the trial court deferred a finding of guilt, placed appellant on community supervision for a period of four years, and assessed a fine of $500. While on community supervision, appellant was charged in cause number 1055947 with the new offense of aggravated robbery.

          On October 6, 2006, appellant signed a written stipulation of evidence and pleaded true to the allegations in the State’s motion to adjudicate guilt. On that same date, appellant pleaded guilty to the offense of aggravated robbery. The trial court withheld findings of guilt, ordered a presentence investigation report, and ordered the presentence hearings for cause numbers 1021631 and 1055947 to be consolidated.

          Following the presentence investigaton hearing, the trial court found appellant guilty in cause number 1055947 of the offense of aggravated robbery and sentenced appellant to confinement for 18 years. In trial court cause number 1021631, the trial court granted the State’s motion to adjudicate, found appellant guilty of the offense of burglary of a habitation, and sentenced appellant to confinement for 18 years.

          Appellant’s counsel on appeal has filed a brief stating that the records present no reversible error, that the appeals are without merit and are frivolous, and that the appeals 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; see 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 his 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 appeals are 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 judgments of the trial court and grant counsel’s motion to withdraw. Attorney Bob Wicoff must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.  

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Bland.

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