Stephen Anthony Sosa, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 11-22-00212-CR
• Status: Published

Opinion

Opinion filed June 8, 2023

In The

Eleventh Court of Appeals ___________

No. 11-22-00212-CR ___________

STEPHEN ANTHONY SOSA, JR., Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR26271

MEMORANDUM OPINION Stephen Sosa, Jr., Appellant, waived a jury and entered an open plea of guilty to the third-degree felony offense of evading arrest. See TEX. PENAL CODE ANN. § 38.04 (West 2016). The trial court accepted Appellant’s plea of guilty and the trial court assessed Appellant’s punishment at confinement for a term of seven years in the Institutional Division of the Texas Department of Criminal Justice. 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 she has concluded 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, and a copy of the clerk’s record and the reporter’s record. Counsel advised Appellant of his right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of his 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). 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 no arguable grounds for appeal exist. 1 We grant counsel’s motion to withdraw, and we affirm the judgment of the trial court.

W. BRUCE WILLIAMS JUSTICE

June 8, 2023 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

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.