Francisco Abelardo Escobedo, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: October 16, 2020
• Docket: 11-19-00323-CR
• Status: Published

Opinion

Opinion filed October 16, 2020

In The

Eleventh Court of Appeals __________

No. 11-19-00323-CR __________

FRANCISCO ABELARDO ESCOBEDO, JR., Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR26497

MEMORANDUM OPINION The jury convicted Appellant, Francisco Abelardo Escobedo, Jr., of the offense of possession of less than one gram of a controlled substance. See TEX. HEALTH & SAFETY CODE ANN. § 481.102(6) (West Supp. 2020), § 481.115(a), (b) (West 2017). Appellant pleaded true to two alleged enhancements. The trial court found that the alleged enhancements were true and assessed punishment at fifteen 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 not filed a pro se 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 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October 16, 2020 PER CURIAM Do not publish.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