Fernando Landeros, Jr. A/K/A Fernando Avila, Jr. v. State of Texas

• Court: Court of Appeals of Texas
• Decided: July 22, 2010
• Docket: 11-10-00045-CR
• Status: Published

Opinion

Opinion filed July 22, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00045-CR

FERNANDO LANDEROS, JR. A/K/A FERNANDO AVILA, JR., Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 104th District Court

                                                            Taylor County, Texas

                                                    Trial Court Cause No. 17344B

                                           M E M O R A N D U M     O P I N I O N

            The trial court convicted Fernando Landeros, Jr. a/k/a Fernando Avila, Jr., upon his plea of guilty, of aggravated robbery.  Appellant also entered pleas of true to both enhancement allegations.  A plea bargain agreement was not entered.  The trial court assessed his punishment at confinement for seventy-five years.  We dismiss the appeal.

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.  Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel’s brief.  A response has not been filed.  Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App.—Eastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit.  We note that counsel has the responsibility to advise appellant that he may file a petition for discretionary review by the Texas Court of Criminal Appeals.  Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006).  Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to Tex. R. App. P. 66.  Black v. State,  217 S.W.3d 687 (Tex. App.—Eastland 2007, no pet.).

The motion to withdraw is granted, and the appeal is dismissed.

PER CURIAM

July 22, 2010

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.