Kathy Meeks A/K/A Kathy Schmidt v. State

• Court: Court of Appeals of Texas
• Decided: May 9, 2019
• Docket: 11-18-00261-CR
• Status: Published

Opinion

Opinion filed May 9, 2019

In The

Eleventh Court of Appeals ___________

No. 11-18-00261-CR ___________

KATHY MEEKS A/K/A KATHY SCHMIDT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause No. 27716A

MEMORANDUM OPINION Based upon an open plea of guilty, the trial court convicted Appellant of the state jail felony offense of theft. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West 2019). The trial court assessed Appellant’s punishment at confinement for twenty-four months in a state jail facility. 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 concludes that this appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, a copy of the clerk’s record and the reporter’s record, and an explanatory letter. Counsel advised Appellant of her right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of her right to file a 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 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 the appeal is frivolous and without merit. 1 We grant counsel’s motion to withdraw, and we affirm the judgment of the trial court.

PER CURIAM May 9, 2019 Do not publish.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.