Jeffery Duane Merritt v. State ( 2008 )


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  •                     In The
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    ______________________________
    No. 06-07-00198-CR
    ______________________________
    JEFFERY DUANE MERRITT, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 6th Judicial District Court
    Lamar County, Texas
    Trial Court No. 22131
    Before Morriss, C.J., Carter and Moseley, JJ.
    Memorandum Opinion by Justice Moseley
    MEMORANDUM OPINION
    Jeffery Duane Merritt was convicted, on a guilty plea subject to a plea bargain, to possession
    of a controlled substance (methamphetamine), in an amount of less than one gram, in a drug-free
    zone. In this case, the trial court sentenced Merritt to two years' imprisonment, to run concurrently
    with a federal sentence. Merritt was also convicted of two other offenses, both of which are also
    before this Court in separate appeals.1 Although the case was a plea bargain, Merritt asked the trial
    court for permission to appeal the imposition of consecutive sentences as opposed to concurrent
    sentences. The trial court granted permission to appeal that issue.
    Merritt was represented by appointed counsel at trial and by different appointed counsel on
    appeal. Merritt's appellate attorney has filed a brief in which he concludes that after a review of the
    record and the related law, this appeal is frivolous and without merit.
    Appellate counsel summarizes the issue in his brief and states that he finds no error preserved
    for appeal that could be successfully argued. The brief contains a professional evaluation of the
    record. This meets the requirements of Anders v. California, 
    386 U.S. 738
    (1967); Stafford v. State,
    
    813 S.W.2d 503
    (Tex. Crim. App. 1991); and High v. State, 
    573 S.W.2d 807
    (Tex. Crim. App.
    [Panel Op.] 1978).
    Counsel mailed a copy of the brief to Merritt on February15, 2008, informing Merritt of his
    right to examine the entire appellate record and to file a pro se response. Counsel simultaneously
    1
    See Merritt v. State, Nos. 06-07-00196-CR and 06-07-00197-CR.
    2
    filed a motion with this Court seeking to withdraw as counsel in this appeal. This Court notified
    Merritt that any pro se response was due on or before March 17, 2008. Merritt has neither filed a
    response, nor has he requested an extension of time in which to file such a response.
    Merritt has been granted the limited right to appeal the trial court's decision to impose
    consecutive sentences rather than concurrent sentences. In this case, Merritt's sentence is to run
    concurrently with a federal sentence, not consecutively. Our review has not revealed any reversible
    error.2
    We affirm the judgment of the trial court.
    Bailey C. Moseley
    Justice
    Date Submitted:          April 17, 2008
    Date Decided:            April 22, 2008
    Do Not Publish
    2
    Since we agree this case presents no reversible error, we also, in accordance with Anders,
    grant counsel's request to withdraw from further representation of Merritt in this case. No substitute
    counsel will be appointed. Should Merritt wish to seek further review of this case by the Texas
    Court of Criminal Appeals, Merritt must either retain an attorney to file a petition for discretionary
    review or he must file a pro se petition for discretionary review. Any petition for discretionary
    review must be filed within thirty days from the date of either this opinion or the last timely motion
    for rehearing that was overruled by this Court. See TEX . R. APP . P. 68.2. Any petition for
    discretionary review must be filed with this Court, after which it will be forwarded to the Texas
    Court of Criminal Appeals along with the rest of the filings in this case. See TEX . R. APP . P. 68.3.
    Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas
    Rules of Appellate Procedure. See TEX . R. APP . P. 68.4.
    3
    

Document Info

Docket Number: 06-07-00198-CR

Filed Date: 4/22/2008

Precedential Status: Precedential

Modified Date: 9/7/2015