Robert Lee Welch v. State of Texas

• Court: Court of Appeals of Texas
• Decided: September 4, 2008
• Docket: 11-08-00032-CR
• Status: Published

Opinion

Opinion filed September 4, 2008

Opinion filed September 4, 2008

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                                          No. 11-08-00032-CR

                                                    __________

                                    ROBERT LEE WELCH, Appellant

                                                             V.

                                         STATE OF TEXAS, Appellee

                                        On Appeal from the 252nd District Court

                                                       Jefferson County, Texas

                                                    Trial Court Cause No. 89328

                                             M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment adjudicating guilt.  Robert Lee Welch originally entered a plea of guilty to the offense of sexual assault of a child.  Pursuant to the plea bargain agreement, the trial court deferred the adjudication of appellant=s guilt, placed him on community supervision for ten years, and assessed a $1,000 fine.  At the hearing on the State=s motion to adjudicate, appellant entered pleas of true to the allegations that he violated the terms and conditions of his community supervision.  The trial court found the allegations to be true, revoked appellant=s community supervision, adjudicated his guilt, and assessed  his punishment at confinement for fifteen years.  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.  Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel=s brief.  A response has not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit.  A plea of true alone is sufficient to support the trial court=s determination to revoke.  Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979); Cole v. State, 578 S.W.2d 127, 128 (Tex .Crim. App. 1979).  We note that counsel has the responsibility to advise appellant that he may file a petition for discretionary review by the Texas Court of Criminal Appeals.  Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006).  Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to Tex. R. App. P. 66.  Black v. State,  217 S.W.3d 687 (Tex. App.CEastland 2007, no pet.).

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

PER CURIAM

September 4, 2008

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.