Opinion
NO. 12-13-00078-CR
02-28-2014
SHAWANNA NICOLE HUGHES, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 420TH
JUDICIAL DISTRICT COURT
NACOGDOCHES COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Shawanna Nicole Hughes appeals her convictions for driving while intoxicated with a child passenger and possession of a controlled substance. Appellant's counsel filed a brief asserting compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). We affirm.
BACKGROUND
A Nacogdoches County grand jury returned an indictment against Appellant alleging that she committed the offense of driving while intoxicated with a child passenger. The indictment also alleged two separate counts of possession of a controlled substance. Appellant waived her right to a jury trial and pleaded guilty to each count in the indictment. The trial court conducted a sentencing hearing in which Appellant testified on her own behalf and requested community supervision. The trial court assessed punishment at two years of confinement for the driving while intoxicated with a child passenger charge, and five years of imprisonment for the possession of a controlled substance charges. The trial court ordered the sentences to run concurrently and did not assess a fine. This appeal followed.
ANALYSIS PURSUANT TO ANDERS V. CALIFORNIA
Appellant's counsel has filed a brief in compliance with Anders and Gainous. Counsel states that he has reviewed the appellate record and that he is unable to find any reversible error or jurisdictional defects. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), counsel's brief presents a thorough chronological summary of the procedural history of the case and further states why counsel is unable to present any arguable issues for appeal.See Anders, 386 U.S. at 745, 87 S. Ct. at 1400; Gainous, 436 S.W.2d at 138; see also Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 350, 102 L. Ed. 2d 300 (1988).
Counsel states in his motion to withdraw that he provided Appellant with a copy of his brief. Appellant was given time to file her own brief in this cause. The time for filing the brief has expired, and we have received no pro se brief.
We have considered counsel's brief and have conducted our own independent review of the record. We found no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
CONCLUSION
As required, Appellant's counsel has moved for leave to withdraw. See In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We are in agreement with Appellant's counsel that the appeal is wholly frivolous. Accordingly, his motion for leave to withdraw is granted, and the judgment of the trial court is affirmed. See TEX. R. APP. P. 43.2(a).
Counsel has a duty to, within five days of the date of this opinion, send a copy of the opinion and judgment to Appellant and advise her of her right to file a petition for discretionary review. See TEX. R. APP. P. 48.4.; In re Schulman, 252 S.W.3d at 411 n.35. Should Appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, she must either retain an attorney to file a petition for discretionary review or she must file a pro se petition for discretionary review. See id at 408 n.22. Any petition for discretionary review must be filed within thirty days after the date of this opinion or after the date this court overrules the last timely motion for rehearing. See TEX. R. APP. P. 68.2(a). Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68.3(a). Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4; In re Schulman, 252 S.W.3d at 408 n.22. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
JUDGMENT
NO. 12-13-00078-CR
SHAWANNA NICOLE HUGHES,
Appellant
V.
THE STATE OF TEXAS,
Appellee
Appeal from the 420th District Court
of Nacogdoches County, Texas (Tr.Ct.No. F1219049)
THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this court that there was no error in the judgment.
It is therefore ORDERED, ADJUDGED and DECREED that Appellant's counsel's motion to withdraw is granted, the judgment of the court below be in all things affirmed, and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.