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Villa v. States

Court of Appeals of Texas, Seventh District, Amarillo, Panel B
Dec 5, 2006
No. 07-06-0346-CR (Tex. App. Dec. 5, 2006)

Opinion

No. 07-06-0346-CR.

December 5, 2006. DO NOT PUBLISH.

Appeal from the 69th District Court of Moore County, No. 3422. Hon. Ron Enns, presiding.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.


Memorandum Opinion Natividad Villa (appellant) appeals from an order adjudicating him guilty and ordering that he serve two years in prison. He had previously pled guilty to aggravated perjury without a recommendation as to punishment. His appellate counsel moved to withdraw and filed an Anders brief in conjunction with that motion. In the brief, he represents that, after conducting a diligent search, he found no meritorious issues warranting appeal. Along with his brief, appellate counsel sent appellant a letter informing him of his conclusions and his right to file a pro se response or brief. We too informed appellant, by letter, of his right to appear via a pro se response or brief no later than November 30, 2006. To date, no response has been filed. In compliance with the principles enunciated in Anders, appellate counsel illustrated why the appeal was meritless. Appellant pled true to the allegation that he had committed a new offense. A plea of true standing alone supports a decision to revoke probation or adjudicate guilt. Cole v. State, 578 S.W.2d 127, 128 (Tex.Crim.App. 1979). We have also conducted our own review of the record, pursuant to Stafford v. State, 813 S.W.2d 503 (Tex.Crim.App. 1991), to assess the accuracy of appellate counsel's conclusions and to uncover any error. That review failed to reveal any error. Accordingly, the motion to withdraw is granted, and the judgment is affirmed.

Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).


Summaries of

Villa v. States

Court of Appeals of Texas, Seventh District, Amarillo, Panel B
Dec 5, 2006
No. 07-06-0346-CR (Tex. App. Dec. 5, 2006)
Case details for

Villa v. States

Case Details

Full title:NATIVIDAD VILLA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Seventh District, Amarillo, Panel B

Date published: Dec 5, 2006

Citations

No. 07-06-0346-CR (Tex. App. Dec. 5, 2006)