From Casetext: Smarter Legal Research

Heath v. State

Court of Appeals Ninth District of Texas at Beaumont
Mar 3, 2021
NO. 09-20-00030-CR (Tex. App. Mar. 3, 2021)

Opinion

NO. 09-20-00030-CR

03-03-2021

SOPHIA PEREZ HEATH, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 9th District Court Montgomery County, Texas
Trial Cause No. 19-01-00864-CR

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, in which the State agreed to cap her punishment at twenty years of confinement, appellant Sophia Perez Heath pleaded guilty to aggravated kidnapping. After conducting an evidentiary sentencing hearing, the trial judge found Heath guilty and imposed a sentence of twenty years of confinement.

Heath's appellate counsel filed an Anders brief that presents counsel's professional evaluation of the record and concludes that the appeal is frivolous. SeeAnders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Heath filed a pro se brief in response. The Court of Criminal Appeals has held that we need not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Rather, an appellate court may determine either: (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." Id.

We have determined that this appeal is wholly frivolous. We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support the appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.

Heath may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. --------

AFFIRMED.

/s/_________

W. SCOTT GOLEMON

Chief Justice Submitted on February 3, 2021
Opinion Delivered March 3, 2021
Do Not Publish Before Golemon, C.J., Kreger and Horton, JJ.


Summaries of

Heath v. State

Court of Appeals Ninth District of Texas at Beaumont
Mar 3, 2021
NO. 09-20-00030-CR (Tex. App. Mar. 3, 2021)
Case details for

Heath v. State

Case Details

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

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Mar 3, 2021

Citations

NO. 09-20-00030-CR (Tex. App. Mar. 3, 2021)