Alfredo Pecina v. State ( 2012 )

NO. 07-11-00504-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 8, 2012
ALFREDO PECINA, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 64TH DISTRICT COURT OF HALE COUNTY;
NO. B17667-0806; HONORABLE ROBERT W. KINKAID JR., JUDGE
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant, Alfredo Pecina, entered a plea of guilty to the offense of aggravated
assault with a deadly weapon.1 Pursuant to a plea bargain, appellant was placed on
deferred adjudication for a period of ten years. Subsequently, the State filed a motion to
adjudicate appellant. The first motion to adjudicate was dismissed. Later, the State
filed another motion to adjudicate appellant guilty and, subsequently, amended the
second motion to adjudicate. Appellant pleaded “True,” without benefit of any plea
1
See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011).
bargain, to nearly all of the allegations presented against him. After finding appellant
guilty of aggravated assault, the trial court conducted a hearing on punishment. The
trial court assessed appellant’s punishment at confinement in the Institutional Division of
the Texas Department of Criminal Justice for eleven years. This appeal followed
appellant’s conviction. We affirm.
Appellant=s attorney has filed an Anders brief and a motion to withdraw. Anders
v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 498 (1967). In support of his
motion to withdraw, counsel certifies that he has diligently reviewed the record, and in
his opinion, the record reflects no reversible error upon which an appeal can be
predicated. Id. at 744-45. In compliance with High v. State, 573 S.W.2d 807, 813
(Tex.Crim.App. 1978), counsel has candidly discussed why, under the controlling
authorities, there is no error in the trial court=s judgment. Additionally, counsel has
certified that he has provided appellant a copy of the Anders brief and motion to
withdraw and appropriately advised appellant of his right to file a pro se response in this
matter. Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). The court has
also advised appellant of his right to file a pro se response. Appellant did not file a
response. By his Anders brief, counsel reviewed all grounds that could possibly support
an appeal, but concludes the appeal is frivolous. We have reviewed these grounds and
made an independent review of the entire record to determine whether there are any
arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75,
109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824
(Tex.Crim.App. 2005). We have found no such arguable grounds and agree with
counsel that the appeal is frivolous.
2
Accordingly, counsel=s motion to withdraw is hereby granted and the trial court=s
judgment is affirmed.2
Mackey K. Hancock
Justice
Do not publish.
2
Counsel shall, within five days after this opinion is handed down, send his client
a copy of the opinion and judgment, along with notification of appellant=s right to file a
pro se petition for discretionary review. See TEX. R. APP. P. 48.4.
3