Cecil Ray Collum v. State

• Court: Court of Appeals of Texas
• Decided: October 8, 2020
• Docket: 11-19-00411-CR
• Status: Published

Opinion

Opinion filed October 8, 2020

In The

Eleventh Court of Appeals __________

No. 11-19-00411-CR __________

CECIL RAY COLLUM, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 70th District Court Ector County, Texas Trial Court Cause No. A-18-1852-CR

MEMORANDUM OPINION Appellant, Cecil Ray Collum, pleaded not guilty to the offense of retaliation. The jury convicted Appellant of the offense and assessed punishment at six years’ confinement. We affirm. Appellant’s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, an explanatory letter, and a copy of both the reporter’s record and the clerk’s record. Counsel advised Appellant of his right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of his right to file a pro se petition for discretionary review in order to seek review by the Texas Court of Criminal Appeals. See TEX. R. APP. P. 68. 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 filed a pro se response to counsel’s Anders brief. In his pro se response, Appellant states, “So for the record, No. I do not wish to persue [sic] this matter any further” and “No. You may file this away. No further action requested on my part.” 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.1 Accordingly, we grant Appellant’s counsel’s motion to withdraw and affirm the judgment of the trial court.

October 8, 2020 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.2

Willson, J., not participating.

1 We note that Appellant has a right to file a petition for discretionary review pursuant to Rule 68 of the Texas Rules of Appellate Procedure. 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2