Marlena Sue Rucker v. State

Opinion

Opinion filed December 31, 2020

In The

Eleventh Court of Appeals ___________

No. 11-20-00081-CR ___________

MARLENA SUE RUCKER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 29th District Court Palo Pinto County, Texas Trial Court Cause No. 16521J

MEMORANDUM OPINION Based upon an open plea of guilty, the trial court convicted Appellant, Marlena Sue Rucker, of the offense of engaging in organized criminal activity. See TEX. PENAL CODE ANN. § 71.02(a), (c) (West Supp. 2020). After a hearing, the trial court assessed punishment at forty years’ imprisonment and a $3,000 fine. 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 her right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of her 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). Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree that the appeal is without merit. Based upon our review of the record, we agree with counsel that no arguable grounds for appeal exist. 1 We grant counsel’s motion to withdraw and affirm the judgment of the trial court.

December 31, 2020 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Trotter, J., and Wright, S.C.J. 2

Willson, J., not participating

We note that Appellant has a right to file a petition for discretionary review pursuant to Rule 68 1

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.