Opinion
No. 11-18-00094-CR
11-15-2018
CHRISTINA VICTORIA CRUZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 29th District Court Palo Pinto County, Texas
Trial Court Cause No. 16065B
MEMORANDUM OPINION
Based upon an open plea of guilty, the trial court convicted Appellant, Christina Victoria Cruz, of the offense of engaging in organized criminal activity. The trial court assessed Appellant's punishment at confinement for twenty-five years and a fine of $5,000. We affirm.
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 concludes that there are no arguable issues to raise in this appeal. Counsel has provided Appellant with a copy of the brief, the motion to withdraw, and a form motion for pro se access to the record. Counsel advised Appellant of her right to review the record and file a response to counsel's brief. Counsel also advised Appellant of her right to file a petition for discretionary review in order to seek review by the Texas Court of Criminal Appeals. See TEX. R. APP. P. 48.4, 68. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991).
We note that Appellant filed a motion for pro se access to the record and that this court granted the motion and provided Appellant with a copy of the appellate record. Appellant subsequently filed a response to counsel's Anders brief. We have reviewed Appellant's response. In addressing an Anders brief and pro se response, a court of appeals may only determine (1) that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error or (2) that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues. Schulman, 252 S.W.3d at 409; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree with counsel that no arguable grounds for appeal exist.
We note that Appellant has a right to file a petition for discretionary review pursuant to TEX. R. APP. P. 68.
We grant counsel's motion to withdraw and affirm the judgment of the trial court.
PER CURIAM November 15, 2018 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J.,
Willson, J., and Wright, S.C.J. Willson, J., not participating.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.