Christopher Yaites v. State

• Court: Court of Appeals of Texas
• Decided: November 9, 2005
• Docket: 10-05-00071-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00071-CR

No. 10-05-00073-CR

Christopher Yaites,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the Criminal District Court No. 3

Tarrant County, Texas

Trial Court Nos. 0900227W and 0900230W

MEMORANDUM  Opinion

          Christopher Yaites was placed on deferred adjudication community supervision for two charges of burglary of a habitation.  After Yaites committed another offense, the court adjudicated his guilt and sentenced him to twenty years’ imprisonment in both cases.  Yaites’s counsel filed an Anders brief contending that this appeal presents no issues of arguable merit.  Yaites has not filed a pro se brief or other response, though he was notified of his right to do so.  Because our independent review of the record reveals no issues of arguable merit, we will affirm the judgments.

          Counsel concludes that Yaites’s appeal presents no issues of arguable merit because an appeal of the court’s decision to proceed with the adjudication of his guilt is statutorily barred and because the record reveals no issues of arguable merit relating to the punishment proceedings.  See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2005); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999); Roberts v. State, 141 S.W.3d 685, 685-86 (Tex. App.—Waco 2004, pet. ref’d).

This Court has conducted an independent review of the record and has reached the same conclusion.  Accordingly, we affirm the judgments.  See Roberts, 141 S.W.3d at 686.  Counsel must advise Yaites of our decision and of his right to file a petition for discretionary review.  See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App.—Waco 2001, no pet.).

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed November 9, 2005

Do not publish

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