Mark J. Wattles v. Minerva Partners, Ltd ( 2012 )

NO. 07-12-0209-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 19, 2012
______________________________
SAMANTHA LEE AKA SAMANTHA DEANN LEE,
Appellant
V.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 119TH DISTRICT COURT OF TOM GREEN COUNTY;
NO. B-08-0708-SB; HON. BEN WOODWARD, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before QUINN, C.J., and CAMBPELL and HANCOCK, JJ.
Samantha Lee aka Samantha DeAnn Lee (appellant) appeals her conviction for
possession with intent to deliver. Appellant plead guilty and in exchange for her guilty
plea was placed on ten years deferred adjudication community supervision.
Subsequently, the State filed a motion to adjudicate guilt to which appellant plead true
without the benefit of a plea agreement. The trial court adjudicated appellant guilty and
sentenced her to thirty-seven years in prison.
Appellant’s appointed counsel filed a motion to withdraw, together with an
Anders 1 brief, wherein she certified that, after diligently searching the record, she
concluded that the appeal was without merit. Along with her brief, appellate counsel
filed a copy of a letter sent to appellant informing her of counsel’s belief that there was
no reversible error and of appellant’s right to file a response pro se. By letter dated July
27, 2012, this court notified appellant of her right to file her own brief or response by
August 27, 2012, if she wished to do so. Appellant filed a request for new counsel to be
appointed. 2
In compliance with the principles enunciated in Anders, appellate counsel
discussed two potential areas for appeal which included ineffective assistance of
counsel and sufficiency of the evidence. However, counsel then proceeded to explain
why the issues were without merit.
In addition, we conducted our own review of the record to assess the accuracy of
appellate counsel’s conclusions and to uncover any arguable error pursuant to Stafford
v. State, 813 S.W.2d 508 (Tex. Crim. App. 1991). After doing so, we concur with
counsel’s conclusions.
Accordingly, we affirm the judgment of the trial court and grant counsel’s motion
to withdraw.
Brian Quinn
Chief Justice
Do not publish.
1
See Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct.1396, 18 L. Ed. 2d 493 (1967).
2
We deny appellant’s request for appointment of new counsel.
2