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Jennings v. State

Court of Appeals of Texas, First District, Houston
May 15, 2008
No. 01-07-00237-CR (Tex. App. May. 15, 2008)

Opinion

No. 01-07-00237-CR

Opinion issued May 15, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 56th Judicial District Court Galveston County, Texas, Trial Court Cause No. 05CR2902.

Panel consists of Justices TAFT, KEYES, and ALCALA.


MEMORANDUM OPINION


Appellant, Toriano Darrell Jennings, pleaded guilty to the offense of murder, and signed under oath a written waiver of constitutional rights, agreement to stipulate to evidence, judicial confession, and an election for the jury to assess punishment. The document was also signed by appellant's counsel, the prosecutor and the trial court. A jury was selected and evidence presented on punishment, the jury assessed appellant's punishment at confinement for 99 years. After the trial court sentenced appellant, appellant gave written notice of appeal. The trial court's certification of appellant's right of appeal states that appellant has the right of appeal. Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S.Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex.Crim.App. 1978). Counsel represents that she has served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex.Crim.App. 2005). we affirm the judgment of the trial court

Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005).


Summaries of

Jennings v. State

Court of Appeals of Texas, First District, Houston
May 15, 2008
No. 01-07-00237-CR (Tex. App. May. 15, 2008)
Case details for

Jennings v. State

Case Details

Full title:TORIANO DARELL JENNINGS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: May 15, 2008

Citations

No. 01-07-00237-CR (Tex. App. May. 15, 2008)