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Cathey v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 10, 2005
No. 09-04-531 CR (Tex. App. Aug. 10, 2005)

Opinion

No. 09-04-531 CR

Submitted on July 11, 2005.

Opinion Delivered August 10, 2005. DO NOT PUBLISH.

On Appeal from the 217th District Court, Angelina County, Texas, Trial Cause No. 23906. Affirmed.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


Connie Cathey entered a non-negotiated guilty plea to an indictment for the state jail felony offense of endangering a child. See Tex. Pen. Code Ann. § 22.041(c),(f) (Vernon 2003). The trial court convicted and sentenced Cathey to fifteen months of confinement in a state jail facility. The trial court certified that this is not a plea-bargain case, and the defendant has the right of appeal. See Tex.R.App.P. 25.2(d). Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). On March 31, 2005, Cathey was given an extension of time in which to file a pro se brief. We received no response from the appellant. As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741 (Tex.Crim.App. 1994). It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 Supp. 2005). Cathey signed a judicial confession and admitted her guilt in open court. She has not contested the voluntariness of her guilty plea. We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). Accordingly, we affirm the trial court's judgment.


Summaries of

Cathey v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 10, 2005
No. 09-04-531 CR (Tex. App. Aug. 10, 2005)
Case details for

Cathey v. State

Case Details

Full title:CONNIE CATHEY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 10, 2005

Citations

No. 09-04-531 CR (Tex. App. Aug. 10, 2005)