Perez v. State

Full title: JAIME PEREZ, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Aug 19, 2010

Nos. 13-09-00206-CR, 13-09-00207-CR (Tex. App. Aug. 19, 2010)

Opinion

Nos. 13-09-00206-CR, 13-09-00207-CR

Opinion delivered and filed August 19, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On appeal from the 94th District Court of Nueces County, Texas.

Before Chief Justice VALDEZ and Justices YAÑEZ and GARZA.

MEMORANDUM OPINION

Memorandum Opinion by Justice YAÑEZ.

On May 7, 2007, in appellate cause number 13-09-00207-CR, ¹ appellant, Jaime Perez, pleaded guilty to burglary of a habitation, a second-degree felony.² The trial court imposed a sentence of ten years' confinement, suspended the sentence, and placed appellant on community supervision for a period of ten years.³ On the same date, in appellate cause number 13-09-00206-CR, ⁴ appellant pleaded guilty to third-degree felony theft.⁵ The trial court imposed a sentence of ten years' confinement and a $500 fine, suspended the sentence, and placed appellant on community supervision for ten years, with the sentence to run concurrently with the sentence in appellate cause number 13-09-00207-CR. The State filed a motion to revoke appellant's community supervision in both causes, alleging multiple violations of the terms of community supervision. Appellant pleaded "true" to several of the allegations. On March 27, 2009, the trial court revoked appellant's community supervision in both causes and sentenced appellant to ten years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice in each cause, with the sentences to run concurrently. The trial court certified appellant's right to appeal in each cause, and these appeals followed. We affirm in each case.

1 The trial court cause number was 07-CR-0794-C.

2 See Tex. Penal Code Ann. § 12.33 (Vernon Supp. 2009); § 30.02 (Vernon 2003).

3 See Tex. Code Crim. Proc. Ann. art. 42.12, § 3 (Vernon Supp. 2009).

4 The trial court cause number was 06-CR-1701-C.

5 See Tex. Penal Code Ann. § 31.03 (Vernon Supp. 2009).

I. Anders Brief

Pursuant to Anders v. California, 386 U.S. 738, 744 (1967), appellant's court-appointed appellate counsel has filed a brief with this Court, stating that her review of the record yielded no grounds or error upon which an appeal can be predicated. Although counsel's brief does not advance any arguable grounds of error, it does present a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced on appeal.⁶ In compliance with High v. State, ⁷ appellant's counsel has carefully discussed why, under controlling authority, there are no errors in the trial court's judgment. Counsel has informed this Court that she has: (1) examined the record and found no arguable grounds to advance on appeal, (2) served a copy of the brief and counsel's motion to withdraw on appellant, and (3) informed appellant of his right to review the record and to file a pro se response.⁸ More than an adequate period of time has passed, and appellant has not filed a pro se response.⁹II. Independent Review Upon receiving an Anders brief, we must conduct a full examination of all the proceedings to determine whether the case is wholly frivolous.¹⁰ We have reviewed the entire record and counsel's brief and have found nothing that would arguably support an appeal.¹¹ Accordingly, we affirm the judgments of the trial court in each case.

III. Motion to Withdraw

In accordance with Anders, appellant's attorney has asked this Court for permission to withdraw as counsel for appellant.¹² We grant counsel's motions to withdraw. Within five days of the date of this Court's opinion, counsel is ordered to send a copy of the opinion and judgment to appellant and to advise appellant of his right to file a petition for discretionary review.¹³