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Jackson v. State

Court of Appeals of Texas, Eleventh District
Jul 18, 2024
No. 11-24-00037-CR (Tex. App. Jul. 18, 2024)

Opinion

11-24-00042-CR

07-18-2024

MICHAEL WAYNE JACKSON, Appellant v. THE STATE OF TEXAS, Appellee


Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause No. 29882-A

MEMORANDUM OPINION

JOHN M. BAILEY, CHIEF JUSTICE

Appellant, Michael Wayne Jackson, entered an open plea of guilty to unlawful possession of a firearm, a third-degree felony. See Tex. Penal Code Ann. § 46.04(a), (e) (West Supp. 2023). The trial court found Appellant guilty, and ordered a presentence investigation report (PSI) to be prepared prior to sentencing. At the sentencing hearing, the State relied solely on the PSI as punishment evidence, then Appellant and his sister testified. Upon the conclusion of the hearing, the trial court assessed Appellant's punishment at imprisonment for six years in the Correctional Institutions Division of the Texas Department of Criminal Justice. The trial court further ordered the sentences to run concurrently with Appellant's convictions under trial court cause no. 23772-B for evading arrest with a vehicle and harassment of a public servant. See Tex. Code Crim. Proc. Ann. art. 42.08(a) (West Supp. 2023).

We address Appellant's appeal of those convictions under cause no. 11-24-00037-CR.

Appellant's court-appointed counsel has filed a motion to withdraw in this court. 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 present on appeal. Counsel provided Appellant with a copy of the brief, a copy of the motion to withdraw, an explanatory letter, a form motion for pro se access to the appellate record, and the mailing address of this court should he desire to file the motion for pro se access. Counsel also advised Appellant of his right to review the record and file a response to counsel's brief, and of his right to file a petition for discretionary review. See Tex. R. App. P. 68. As such, 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).

Appellant has not filed a pro se response to counsel's Anders brief. 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. Accordingly, we grant counsel's motion to withdraw, and we affirm the judgment of the trial court.

Appellant has the right to file a petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure.


Summaries of

Jackson v. State

Court of Appeals of Texas, Eleventh District
Jul 18, 2024
No. 11-24-00037-CR (Tex. App. Jul. 18, 2024)
Case details for

Jackson v. State

Case Details

Full title:MICHAEL WAYNE JACKSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District

Date published: Jul 18, 2024

Citations

No. 11-24-00037-CR (Tex. App. Jul. 18, 2024)