Terry Keith Hammond v. State

• Court: Court of Appeals of Texas
• Decided: March 2, 2006
• Docket: 07-04-00430-CR
• Status: Published

Opinion

NO. 07-04-0430-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

MARCH 2, 2006

______________________________

TERRY KEITH HAMMOND, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 331ST DISTRICT COURT OF WHEELER COUNTY;

NO. 4010; HONORABLE JOHN T. FORBIS, JUDGE

_______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

ORDER ON MOTION FOR REHEARING AND

MOTION TO WITHDRAW AND SUBSTITUTE COUNSEL

By memorandum opinion dated December 14, 2005, we affirmed the trial court's judgment revoking appellant Terry Keith Hammond's community supervision. On February 27, 2006, appellant filed a motion for rehearing. A motion for rehearing was due no later than Friday, January 13, 2006. See Tex. R. App. P. 49.1 & 49.8. The motion for rehearing is overruled as untimely.

Also pending before this Court is Henry T. Ray's motion to withdraw and substitute Michael A. Warner as attorney of record. The motion is signed by appellant and complies with Rule 6.5(d) of the Texas Rules of Appellate Procedure. Accordingly, we grant the motion.

It is so ordered.

Don H. Reavis

Justice

Do not publish.

uss why, under the controlling authority, there was no reversible error below. High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. 1978). Then, she concluded that the appeal was without merit.

We have made an independent examination of the record to determine whether there are any arguable grounds meriting appeal as per Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988) and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), and found none. Therefore, counsel's assessment of the appeal is accurate.

Having found no error, we grant the pending motion to withdraw and affirm the final judgment entered below.

Brian Quinn