Jessie M. Vasquez v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2006
• Docket: 07-05-00349-CR
• Status: Published

Opinion

NO. 07-05-0349-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

AUGUST 31, 2006

______________________________

JESSE VASQUEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE _________________________________

FROM THE COUNTY COURT AT LAW NO. ONE OF LUBBOCK COUNTY;

NO. 2004-490125; HONORABLE RUSTY B. LADD, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Appellant Jesse M. Vasquez, following his trial by jury, appeals his conviction for

resisting arrest and his jury-imposed sentence of seven days in the Lubbock County Jail

and a fine of $2,000.00. We will affirm the judgment and grant counsel’s motion to

withdraw in the case.

Appellant’s counsel has filed a brief stating that he has carefully reviewed the record

in this case and concludes there is no reversible error and that the appeal is frivolous. See Anders v. California, 386 U.S. 738, 744-45 (1967). Counsel has also filed a motion to

withdraw in the case and, by letter, informed appellant of his right to file a pro se brief.

Johnson v. State, 885 S.W.2d 641, 646 (Tex.App.–Waco 1994, pet. ref’d). By letter dated

April 4, 2006, this court also notified appellant of his opportunity to submit a response to

the Anders brief and motion to withdraw filed by his counsel, granting him until May 4, 2006

to do so. This court’s letter also reminded appellant to contact his counsel if he needed

to review any part of the appellate record to prepare a response. Appellant filed a

response on May 3, 2006.

We have independently examined the entire record in the case to determine

whether there are any non-frivolous grounds which might support the appeal. See Penson

v. Ohio, 488 U.S. 75 (1988); Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991).

We have found no such grounds. After reviewing the record before us, counsel’s brief, and

appellant’s response, we agree with counsel that the appeal is frivolous. See Bledsoe v.

State, 178 S.W.3d 824 (Tex.Crim.App. 2005).

Accordingly, counsel’s motion to withdraw is granted and the judgment is affirmed.

James T. Campbell Justice

Do not publish.