DocketNumber： 11-10-00132-CR
Filed Date： 8/31/2010
Status： Precedential
Modified Date： 10/16/2015
Opinion filed August 31, 2010
In The
Eleventh Court of Appeals
__________
No. 11-10-00132-CR
__________
LEE HARDY PERVIS JR., Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 104th District Court
Taylor County, Texas
Trial Court Cause No. 17363B
M E M O R A N D U M O P I N I O N
The trial court convicted Lee Hardy Pervis Jr., upon his plea of guilty, of forgery. A plea bargain agreement was not reached. The trial court assessed his punishment at confinement for fifteen months in a state jail facility. We dismiss.
Appellant=s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel’s brief. A response has 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.—Eastland 2005, no pet.).
Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit. We note that counsel has the responsibility to advise appellant that he may file a petition 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 a petition for discretionary review pursuant to Tex. R. App. P. 66. Black v. State, 217 S.W.3d 687 (Tex. App.—Eastland 2007, no pet.).
The motion to withdraw is granted, and the appeal is dismissed.
PER CURIAM
August 31, 2010
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.
In Re Schulman , 2008 Tex. Crim. App. LEXIS 585 ( 2008 )
High v. State , 1978 Tex. Crim. App. LEXIS 1393 ( 1978 )
Eaden v. State , 2005 Tex. App. LEXIS 1014 ( 2005 )
Gainous v. State , 1969 Tex. Crim. App. LEXIS 906 ( 1969 )
Stafford v. State , 1991 Tex. Crim. App. LEXIS 170 ( 1991 )
Currie v. State , 516 S.W.2d 684 ( 1974 )