Shannon Martin St. Clair v. State of Texas ( 2010 )


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    Opinion filed February 18, 2010

     

     

     

     

     

     

    In The

      Eleventh Court of Appeals

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    Nos. 11-09-00323-CR, 11-09-00324-CR, & 11-09-00329-CR

    __________

     

     SHANNON MARTIN ST. CLAIR, Appellant

     

    V.

     

     STATE OF TEXAS, Appellee

     

      

     

    On Appeal from the 91st District Court

     

    Eastland County, Texas

     

    Trial Court Cause Nos. 22143, 22144, & 22146

     

      

     

    M E M O R A N D U M   O P I N I O N

    The trial court convicted Shannon Martin St. Clair, upon his pleas of guilty, of two offenses of delivery of marihuana to a child.[1]      Pursuant to the plea bargain agreements, the trial court assessed punishment for each delivery offense at confinement for fifteen years.  In the tampering-with-evidence case,[2]     the trial court granted appellant=s plea in bar and discharged him. Appellant filed pro se notices of appeal. We dismiss each appeal.

    In each appeal, appellant=s court-appointed counsel has filed a motion to withdraw.  The motions are supported by briefs in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that each appeal is frivolous.  Counsel has provided appellant with copies of each brief and advised appellant of his right to review the record and file responses.  Responses have not been filed.  Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

    Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeals are without merit.  We note that counsel has the responsibility to advise appellant that he may file petitions for discretionary review by the Texas Court of Criminal Appeals.  Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006).  Likewise, this court advises appellant that he may file petitions for discretionary review pursuant to Tex. R. App. P. 66. Black v. State, 217 S.W.3d 687 (Tex. App.CEastland 2007, no pet.).

    The motions to withdraw are granted, and the appeals are dismissed.

     

    PER CURIAM

     

    February 18, 2010

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

    Panel consists of:  Wright, C.J.,

    McCall, J., and Strange, J.



    [1]    11-09-00323-CR & 11-09-00324-CR.

    [2]    11-09-00329-CR.

Document Info

Docket Number: 11-09-00324-CR

Filed Date: 2/18/2010

Precedential Status: Precedential

Modified Date: 10/16/2015