Brenda Elaine King v. State

Opinion

Court of Appeals

for the

Third District of Texas P.O.BOX 12547,AUSTIN,TEXAS 78711-2547 (512)463-1733

Date: August 18,2015 ^RECEIVED \ Case Number: 03-14-00240-CR AUG 2 6 2015 Trial Court No.: CR-12-1083 THIRDCOURJ OF APPEALS,

\ JEFFREY D. KYLE / Style: Brenda Elaine King v. The State of Texas

You are hereby notified that appellant's motion to withdraw as counsel with annexed brief in support was granted on the date noted above. Also, the enclosed opinion and judgment were sent this date to the following persons:

Please note: In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant's right to file a pro se petition for discretionary review under Rule 68. This notification shall be sent certified mail, return receipt requested, to the defendant at his last known address. The attorney shall also send the court of appeals a letter certifying his compliance with this rule and attaching a copy of the return receipt within the time for filing a motion for rehearing. See Tex. R. App. P. 48.4.

Mr. Robert A. Caine The Honorable Billy Ray Stubblefield Law Offices of Robert A. Caine Administrative Judge 510 S. Congress Ave., Suite 103 Williamson County Courthouse Austin, TX 78704 405 Martin Luther King, Box 2 * DELIVERED VIA E-MAIL * Georgetown, TX 78626 * DELIVERED VIA E-MAIL *

The Honorable Beverly Crumley Hays County District Clerk Ms. Brenda Elaine King Hays County Government Center 1307 Uhland Road 712 South Stagecoach Trail, Suite 2211 San Marcos, TX 78666 San Marcos, TX 78666 * DELIVERED VIA E-MAIL * Ms. Angie D. Roberts-Huckaby Assistant Criminal District Attorney The Honorable Lisa C. McMinn Hays County Government Center State Prosecuting Attorney 712 South Stagecoach Trail, Suite 2057 P. O. Box 13046 San Marcos, TX 78666 Austin, TX 78711 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

The Honorable William R. Henry Judge, 428th Judicial District Court Hays County Government Center 712 South Stagecoach Trail, 3rd floor San Marcos, TX 78666 * DELIVERED VIA E-MAIL *

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AUGUST 18,2015

NO. 03-14-00240-CR

Brenda Elaine King, Appellant

The State of Texas, Appellee

APPEAL FROM 22ND DISTRICT COURT OF HAYS COUNTY BEFORE JUSTICES PURYEAR, PEMBERTON, AND FIELD AFFIRMED ~ OPINION BY JUSTICE PEMBERTON

This is an appeal from the judgment of conviction signed by the district court. Having reviewed

the record and the parties' arguments, the Court holds that there was no reversible error in the

district court's judgment of conviction. Therefore, the Court affirms the district court's

judgment of conviction. Because appellant is indigent and unable to pay costs, no adjudication

of costs is made.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00240-CR

Brenda Elaine King, Appellant

The State of Texas, Appellee

FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NO. CR-12-1083, HONORABLE WILLIAM R. HENRY, JUDGE PRESD3ING

MEMORANDUM OPINION

Thisis an appeal pursuant to Anders v. California.1 Appellant Brenda Elaine King

pleaded guilty to theoffense of arson.2 Aspart of herplea agreement, King signed a stipulation of

evidence inwhich sheadmitted thatshehad intentionally setfire toan apartment building as alleged

in the indictment. At the plea hearing, thedistrict court found the evidence sufficient to support a

finding of guilt, took the matter under advisement subject to a presentence investigation report,

and reset the case for sentencing. At the conclusion of the sentencing hearing, during which no

additional evidence was offered, the district court sentenced King to 10years' imprisonment. This

appeal followed.

King's court-appointed attorney has filed a motion to withdraw supported by a

briefconcluding thattheappeal is frivolous and without merit. Thebriefmeets therequirements of

1 386 U.S. 738(1967).

2 SeeTex. Penal Code § 28.02(a).

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RETURN seSBer MS. BRENDA ELAINE KING RECEIVED AUG2 6 2015

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^'^g^APPEALS.

NO LONGER

IN OUR CUSTODY