Elizabeth Nell England v. State

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-03-00292-CR

No. 10-03-00293-CR

No. 10-03-00294-CR

No. 10-03-00295-CR

Elizabeth Nell England,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 85th District Court

Brazos County, Texas

Trial Court Nos. 03-00742-CRF-85, 03-00743-CRF-85,

03-00745-CRF-85 and 03-00744-CRF-85

MEMORANDUM  Opinion

Elizabeth Nell England pleaded guilty to the following offenses: three counts of burglary of a habitation and one count of credit card or debit card abuse.  Tex. Pen. Code Ann. § 30.02(c)(2) (Vernon 2003); § 32.31 (Vernon Supp. 2004-05).  The court assessed punishment for each of the three burglary cases at fifteen years’ confinement and a $5,000 fine.  Punishment for the credit card abuse was assessed at two years and a $5,000 fine.  All of the sentences were ordered to run concurrently.  England’s counsel filed an Anders brief.  See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1976).  We will affirm.

          The brief thoroughly reviews the indictment and statutes under which England was charged, the waiver of a trial by jury, the sufficiency of the admonishments, and the punishment assessed.  In the brief, counsel states that he “has diligently reviewed the record in this case, and in his professional opinion, the record reflects no reversible error or grounds upon which an appeal can be predicated.”  See id. at 744.

          We have conducted an independent review of the record to discover whether there are arguable grounds for appeal.  See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).  We determine there are none.  The indictment invoked the district court’s jurisdiction, and that court assessed punishment within the range of punishment for the offense.

          Accordingly, we affirm the judgment.  Counsel must advise England of our decision and of her right to file a petition for discretionary review.  See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App.—Waco 2001, no pet.).

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed December 8, 2004

Do not publish

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