Opinion
Nos. 11-03-00198-CR, 11-03-00199-CR.
February 12, 2004. DO NOT PUBLISH. See Tex.R.App.P. 47.2(b).
On appeal from Harris County.
Panel consists of: ARNOT, C.J., and WRIGHT, J., and McCALL, J.
Opinion
In each appeal, the trial court convicted Leslie Glen Wright, upon his plea of guilty, of aggravated assault on a public servant. Plea bargain agreements were not reached. In Cause No. 11-03-00198-CR, the trial court assessed punishment at confinement for 55 years. In Cause No. 11-03-00199-CR, the trial court assessed punishment at confinement for 15 years. We affirm. Appellant's court-appointed counsel has filed a brief in which he certifies that the appeals are frivolous. To support his statement, counsel reviews in detail the indictments, the elements of the offense, the guilty pleas, the admonishments, and appellant's judicial confessions. Counsel further applies the relevant law to the facts of each appeal. Counsel has furnished appellant with a copy of the brief and advised appellant of his right to review the record and file a pro se brief. A pro se brief has not been filed. Counsel has complied with the procedures outlined in Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App. 1991); High v. State, 573 S.W.2d 807 (Tex.Cr.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App. 1974); and Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App. 1969). Following the procedures outlined in Anders, we have independently reviewed the record. Harris County Deputy Sheriff Craig Thomas, the victim in Cause No. 11-03-00198-CR, testified at the punishment hearing that he told appellant to stop. Appellant ignored Deputy Thomas, got into a vehicle, and almost struck Deputy D. Gordon, the victim in Cause No. 11-03-00199-CR. Appellant then turned the vehicle toward Deputy Thomas. Appellant looked "directly" at Deputy Thomas "with an angry look on his face," "punched the gas," and drove straight toward Deputy Thomas. Deputy Thomas fired at appellant and then tried to move out of the way. Appellant turned the vehicle and chased Deputy Thomas. Appellant struck Deputy Thomas, throwing him into the air. Deputy Thomas was hit in his leg by friendly fire, and his femoral artery was severed. He was thrown in front of the vehicle, and appellant ran over the deputy's arm. Appellant turned the vehicle around, struck Deputy Thomas again, and then drove off. Deputy Thomas's partner chased appellant on foot. Appellant drove around a corner and headed toward a group of children. Deputy Thomas's partner shot appellant in the neck. Appellant crashed the vehicle and then fled on foot. TEX. PENAL CODE ANN. § 22.02(b)(1) (Vernon Supp. 2004) defines the offense and declares it to be a first degree felony. TEX. PENAL CODE ANN. § 12.32 (Vernon 2003) provides that the range of punishment for a first degree felony is confinement for life or confinement for any term of not more than 99 years and not less than 5 years. Section 12.32 also authorizes an optional fine not to exceed $10,000. The punishment assessed in each case is supported by the evidence and within the range authorized by the legislature. The trial court did not abuse its discretion. Jackson v. State, 680 S.W.2d 809, 814 (Tex.Cr.App. 1984); Salinas v. State, 9 S.W.3d 338, 340 (Tex.App.-San Antontio 1999, no pet'n); Flores v. State, 936 S.W.2d 478 (Tex.App.-Eastland 1996, pet'n ref'd); see Buerger v. State, 60 S.W.3d 358, 363 (Tex.App.-Houston [14th Dist.] 2001, pet'n ref'd); Ramirez v. State, 36 S.W.3d 660, 667 (Tex.App.-Waco 2001, pet'n ref'd). The record reflects that appellant received reasonably effective assistance of counsel. Strickland v. Washington, 466 U.S. 668 (1984); Hernandez v. State, 988 S.W.2d 770 (Tex.Cr.App. 1999). The record does not reflect that counsel's representation was not within the range of competence demanded of attorneys in criminal cases or that there is a reasonable probability that, but for any error on counsel's part, appellant would have insisted on going to trial and not have pleaded guilty. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Morrow, 952 S.W.2d 530 (Tex.Cr.App. 1997), cert. den'd, 525 U.S. 810 (1998). We agree that the appeals are without merit. The judgments of the trial court are affirmed.