Patricia Danielle Moffett v. State

• Court: Court of Appeals of Texas
• Decided: October 15, 2015
• Docket: 07-15-00100-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-15-00100-CR

PATRICIA DANIELLE MOFFETT, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court Donley County, Texas Trial Court No. 3768, Honorable Stuart Messer, Presiding

October 15, 2015

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

Appellant, Patricia Danielle Moffett, appeals her conviction for forgery. Appellant

pled guilty. The trial court deferred the adjudication of her guilt and placed her on

community supervision for three years. Subsequently, the State moved to adjudicate

guilt, which motion the trial court granted after an evidentiary hearing. Appellant was

then sentenced to eighteen months in a state jail facility, fined $2,500, and ordered to

pay restitution. Appellant’s appointed counsel has filed a motion to withdraw, together with an

Anders1 brief. In the brief, he certifies that, after diligently searching the record, no

arguable issue appears meriting appeal. So too did he mail his client 1) a letter

informing her of his conclusion and right to file her own brief or reply, 2) a copy of his

brief, 3) a copy of his motion to withdraw, and 4) a copy of the appellate record. By

letter, this court also notified appellant of her right to file her own brief or response by

October 9, 2015, if she wished to do so. To date, no response has been received.

In compliance with the principles enunciated in Anders, appellate counsel

discussed 1) the sufficiency of the evidence, 2) potential due process violations, 3) the

sentence and 4) the effectiveness of trial counsel. However, he concluded that no

arguable grounds for a meritorious appeal existed.

We also conducted our own review of the record to assess the accuracy of

appellate counsel’s conclusions and to uncover any arguable error pursuant to 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). We also failed to uncover arguable error.

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

Brian Quinn Chief Justice

Do not publish.

1 Anders v. Califorina, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).