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Munoz v. State

Court of Appeals of Texas, Eighth District, El Paso
Aug 18, 2010
No. 08-09-00167-CR (Tex. App. Aug. 18, 2010)

Opinion

No. 08-09-00167-CR

August 18, 2010. DO NOT PUBLISH.

Appeal from 143rd District Court of Reeves County, Texas (TC # 08-01-07291-CRR).

Before CHEW, C.J., McCLURE, and RIVERA, JJ.


MEMORANDUM OPINION


Orlando Vasquez Munoz appeals his conviction of engaging in organized criminal activity. Appellant waived his right to a jury trial and entered a negotiated plea of guilty. In accordance with the plea agreement, the trial court assessed punishment at a $1,500 fine and imprisonment for seven years, but the court suspended the sentence and placed Appellant on community supervision for seven years. The State subsequently filed a motion to revoking alleging multiple violations of the terms and conditions of community supervision. Appellant entered a plea of true to the allegations. The trial court found the violations true, revoked community supervision, and imposed the original sentence. We affirm. Appellant's court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). A copy of counsel's brief has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been filed. We have carefully reviewed the record and counsel's brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment is affirmed.


Summaries of

Munoz v. State

Court of Appeals of Texas, Eighth District, El Paso
Aug 18, 2010
No. 08-09-00167-CR (Tex. App. Aug. 18, 2010)
Case details for

Munoz v. State

Case Details

Full title:ORLANDO VASQUEZ MUNOZ, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Aug 18, 2010

Citations

No. 08-09-00167-CR (Tex. App. Aug. 18, 2010)