Tracy Casteneda Aviles v. State of Texas

• Court: Court of Appeals of Texas
• Decided: March 5, 2010
• Docket: 11-10-00014-CR
• Status: Published

Opinion

Opinion filed March 5, 2010

In The

Eleventh Court of Appeals __________

No. 11-10-00014-CR __________

TRACY CASTENEDA AVILES, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 27th District Court

Bell County, Texas

Trial Court Cause No. 64344

MEMORANDUM OPINION

The trial court convicted Tracy Casteneda Aviles, upon his plea of guilty, of evading arrest with a motor vehicle. A plea bargain agreement was not reached. The trial court assessed punishment at confinement in a state jail facility for twenty-one months. We dismiss. 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); and 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. 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 appeal is dismissed.

PER CURIAM

March 5, 2010 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.