Lamont D. Spencer v. State ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
Nos. 07-14-00076-CR, 07-14-00078-CR,
07-14-00079-CR
LAMONT D. SPENCER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the Criminal District Court 3
Tarrant County, Texas
Trial Court Nos. 1299134D, 1304136D, 1306654D, Honorable Robb Catalano, Presiding
June 27, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant Lamont D. Spencer appeals his felony conviction for aggravated sexual
assault of a child, and two charges of felony indecency with a child by contact.
Appellant pled guilty to each charge under an open plea. The offenses involved three
different victims. The trial court assessed punishment at forty-five years’ confinement in
prison for the aggravated sexual assault charge and twenty years’ confinement in prison
for each charge of indecency with a child. The sentences run concurrently. Appellant’s
court-appointed appellate counsel has filed a motion to withdraw supported by an
Anders1 brief. We will grant counsel’s motion to withdraw and affirm the judgments of
the trial court.
Counsel expresses the opinion in the motion that the appeals are without merit
and frivolous. The brief reviews proceedings in the trial court through the sentencing
hearing and substantiates counsel’s conclusion. Correspondence from counsel to
appellant indicates counsel provided appellant a copy of the motion to withdraw and
Anders brief and advised appellant of his right to file a response. By letter, this court
also notified appellant of his opportunity to submit a response but appellant did not file a
response.
In conformity with the standards of the United States Supreme Court, we do not
rule on a motion to withdraw before independently examining the record. Nichols v.
State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.). If we determine the
appeal has arguable merit, we will remand it to the trial court for appointment of new
counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
We have reviewed the entire record to determine whether any arguable ground
supports an appeal. Penson v. Ohio, 488 U.S. 75, 109 S. Ct. 346, 102 L. Ed. 2d 300
(1988); Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005). Finding no arguable
ground supporting a claim of reversible error, we agree with counsel that the appeal is
1
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); see
In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008).
2
frivolous. Accordingly, we grant counsel’s motion to withdraw2 and affirm the trial
court’s judgments.
James T. Campbell
Justice
Do not publish.
2
Counsel shall, within five days after the opinion is handed down, send his client
a copy of the opinion and judgment, along with notification of the defendant’s right to file
a pro se petition for discretionary review with the Court of Criminal Appeals. TEX. R.
APP. P. 48.4.
3