James Ray Blake v. State

• Court: Court of Appeals of Texas
• Decided: April 5, 2006
• Docket: 06-06-00058-CR
• Status: Published

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-06-00058-CR

JAMES RAY BLAKE, Appellant

 

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 6th Judicial District Court

Lamar County, Texas

Trial Court No. 7816

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            James Ray Blake appeals from the denial of his motion for DNA testing. The order is dated February 3, 2006. Blake's notice of appeal is dated March 14, 2006, and is file-marked March 17, 2006.

            Blake had thirty days after the day the order was signed, until March 6, 2006, to file a notice of appeal. See Tex. R. App. P. 26.2(a)(1). No motion for extension of time to file his notice of appeal was filed. See Tex. R. App. P. 26.3. Hence, this appeal is untimely, and we are without jurisdiction to hear this case.

            We dismiss this appeal for want of jurisdiction.

                                                                                    Jack Carter

                                                                                    Justice

Date Submitted:          April 4, 2006

Date Decided:             April 5, 2006

Do Not Publish

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In The

  Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00139-CR

                                                ______________________________

                                  TERRY WAYNE ASHLEY, Appellant

                                                                V.

                                     THE STATE OF TEXAS, Appellee

                                                                                                  

                                         On Appeal from the 6th Judicial District Court

                                                          Red River County, Texas

                                                          Trial Court No. CR00370

                                                                                                   

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                      MEMORANDUM OPINION

            Terry Wayne Ashley appeals from the revocation of his community supervision and sentence to ten years’ imprisonment.  He was convicted of a third-degree felony for the offense of obscenity.  Tex. Penal Code Ann. § 43.23 (West 2011).

            Ashley’s attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail, providing possible issues but explaining why they cannot succeed.  Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced.  This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978).

            Counsel mailed a copy of the brief and a letter to Ashley on November 14, 2011, informing Ashley of his right to file a pro se response and of his right to review the record.  No response has been filed.  Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. 

            We have determined that this appeal is wholly frivolous.  We have independently reviewed the clerk’s record and the reporter’s record, and find no genuinely arguable issue.  See Halbert v. Michigan, 545 U.S. 605, 623 (2005).  We, therefore, agree with counsel’s assessment that no arguable issues support an appeal.  See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). 

            We affirm the judgment of the trial court.^[1]

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          January 30, 2012

Date Decided:             January 31, 2012

Do Not Publish

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^[1]Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel’s request to withdraw from further representation of appellant in this case.  No substitute counsel will be appointed.  Should appellant wish to seek further review of this case by the Texas Court of Criminal Appeals, appellant must either retain an attorney to file a petition for discretionary review or appellant must file a pro se petition for discretionary review.  Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing or for en banc reconsideration was overruled by this Court.  See Tex. R. App. P. 68.2.  Any petition for discretionary review must be filed with the clerk of the Texas Court of Criminal Appeals.  See Tex. R. App. P. 68.3 (amended by the Texas Court of Criminal Appeals Misc. Docket No. 11-104, effective Sept. 1, 2011).  Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 68.4.