Daniel Olivares Equiniones v. State

• Court: Court of Appeals of Texas
• Decided: February 7, 2019
• Docket: 11-18-00121-CR
• Status: Published

Opinion

Opinion filed February 7, 2019

In The

Eleventh Court of Appeals ___________

No. 11-18-00121-CR ___________

DANIEL OLIVARES EQUINIONES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 385th District Court Midland County, Texas Trial Court Cause No. CR48578

MEMORANDUM OPINION Based upon an open plea of guilty, the trial court convicted Appellant, Daniel Olivares Equiniones, of the offense of credit card or debit card abuse. After finding the enhancement allegations to be true, the trial court assessed Appellant’s punishment at confinement for two years in the Institutional Division of the Texas Department of Criminal Justice. 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 concludes that this appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, and a copy of both the clerk’s record and the reporter’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 petition for discretionary review in order to seek review by the Texas Court of Criminal Appeals. See TEX. R. APP. P. 48.4, 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 not filed a response to counsel’s Anders brief. Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree with counsel that the appeal is frivolous and without merit. 1 We grant counsel’s motion to withdraw and affirm the judgment of the trial court.

PER CURIAM February 7, 2019 Do not publish.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 TEX. R. APP. P. 68. 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.