Bradford A. Phillips, Clifton Phillips, Ryan T. Phillips and F. Terry Shumate v. United Heritage Corporation, a Utah Corporation

IN THE

TENTH COURT OF APPEALS

 

No. 10-08-00161-CV

Bradford A. Phillips,

Clifton Phillips,

Ryan T. Phillips and

F. Terry Shumate,

                                                                                    Appellants

 v.

United Heritage Corporation,

a Utah Corporation,

                                                                                    Appellee

From the 249th District Court

Johnson County, Texas

Trial Court No. C200500312

ORDER OF RECUSAL

            I hereby recuse  myself from further participation in this case.

                                                                        _______________________________

                                                                        REX D. DAVIS

                                                                        Justice

                                                                        Date: __________________________

size: 12pt">      Raymond Chopane, Jr., appeals his conviction by the trial court, following his plea of no contest, of the offense of forgery. His plea was unaccompanied by any plea bargain. The trial court assessed his punishment at six months in a state jail facility. Chopane’s appellate counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493 (1967). Chopane was notified that he had the right to respond, but no response has been filed. See Sowels v. State, 45 S.W.3d 690, 691 (Tex. App.—Waco 2001, no pet.). Counsel considers Chopane’s judicial confession, the trial court’s admonishments, the trial court’s review of the presentence investigation, the punishment assessed, and the trial court’s pretrial rulings. Counsel’s brief contains references to the record, applicable statutes, and cases and discusses why counsel concludes that the record does not present an arguable issue. See Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim. App. 1974). We are satisfied that counsel has diligently searched the record for any arguable issue. McCoy v. Court of Appeals of Wisconsin Dist. 1, 486 U.S. 429, 442, 108 S. Ct. 1895, 1904, 100 L. Ed. 2d 440 (1988). We have independently reviewed the record to search for any issues that might arguably support an appeal. Sowels, 45 S.W.3d at 691-92.

      Because we have determined that there are no issues that might arguably support an appeal, we affirm the judgment.

                                                                   JOHN G. HILL

                                                                   Senior Justice

Before Chief Justice Davis,

      Justice Vance, and

      Senior Justice Hill (Sitting by Assignment)

Affirmed

Opinion delivered and filed March 19, 2003

Do not publish

[CR25]