Trista Cherie DeLaCruz v. State of Texas

• Court: Court of Appeals of Texas
• Decided: May 20, 2010
• Docket: 11-09-00258-CR
• Status: Published

Opinion

Opinion filed May 20, 2010

In The

Eleventh Court of Appeals ___________

No. 11-09-00258-CR __________

TRISTA CHERIE DELACRUZ, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 266th District Court

Erath County, Texas

Trial Court Cause No. CR13057

MEMORANDUM OPINION The jury convicted Trista Cherie DeLaCruz of delivery of 4 or more grams but less than 200 grams of methamphetamine. The jury assessed her punishment at confinement for seven years. 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 her right to review the record and file a response to counsel’s brief. 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.—Eastland 2005, no pet.). Appellant requested and received numerous extensions of time in which to file her response. On May 14, 2010, she filed in this court a letter stating that she would not be filing a response. 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 she 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 she may file a petition for discretionary review pursuant to TEX . R. APP . P. 66. Black v. State, 217 S.W.3d 687 (Tex. App.—Eastland 2007, no pet.). The motion to withdraw is granted, and the appeal is dismissed.

PER CURIAM

May 20, 2010 Do not publish. See TEX . R. APP . P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.