Porfirio Morales v. State

NO. 07-08-0056-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
JULY 21, 2008
______________________________
PORFIRIO C. MORALES ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2005-408,077; HON. CECIL G. PURYEAR, PRESIDING
_______________________________
Before QUINN, C.J., HANCOCK, J., and BOYD, S.J.1
Appellant pled guilty to the offense of assault (family violence with a prior conviction)
and was sentenced to ten years confinement, probated for four years. He now appeals the
revocation of his probation.
1
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignm ent. Tex. Gov’t Code
Ann. §75.002(a)(1) (Vernon Supp. 2008).
Appellant’s appointed counsel has filed a motion to withdraw, together with an
Anders2 brief in which he certifies that, after diligently searching the record, he has
concluded that appellant’s appeal is without merit. Along with his brief, he has filed a copy
of a letter sent to appellant informing him of counsel’s belief that there was no reversible
error and of appellant’s right to file a response pro se. Appellant filed a motion for
extension of time to file a response and that motion was granted allowing appellant until
June 16, 2008, to do so. To date, no response has been received.
In compliance with the principles enunciated in Anders, appellate counsel discussed
whether the trial court abused its discretion in revoking appellant’s probation. Upon final
analysis, he concluded that no reversible error existed. We conducted our own review of
the record to assess the accuracy of appellate counsel’s conclusions and to uncover any
error pursuant to Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) and concluded
the same.
Accordingly, the motion to withdraw is granted and the judgment is affirmed.
Brian Quinn
Chief Justice
Do not publish.
2
See Anders v. California, 386 U.S. 738, 744-45, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
2