Steve George Settles v. State ( 2006 )

NO. 07-06-0292-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
DECEMBER 19, 2006
______________________________
STEVE GEORGE SETTLES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 290TH DISTRICT COURT OF BEXAR COUNTY
CAUSE NO. 2005CR3072
HONORABLE SHARON MACRAE, JUDGE PRESIDING1
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Following an open plea of guilty, Appellant, Steve George Settles, was convicted of two
counts of aggravated sexual assault of a child and sentenced to life imprisonment. In
presenting this appeal, counsel has filed an Anders 2 brief in support of a motion to withdraw.
1
Honorable Pat Priest, Jr., Senior Judge Sitting by Assignment, presiding over the
Appellant’s plea of guilty.
2
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
We grant counsel’s motion and affirm.
In support of her motion to withdraw, counsel certifies that she has diligently reviewed
the record, and in her opinion, the record reflects no reversible error upon which an appeal can
be predicated. Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967);
Monroe v. State, 671 S.W.2d 583, 585 (Tex.App.–San Antonio 1984, no pet.). Thus, she
concludes the appeal is frivolous. In com pliance with High v. State, 573 S.W.2d 807, 813
(Tex.Cr.App. 1978), counsel has candidly discussed why, under the controlling authorities,
there is no error in the trial court's judgment. Counsel has also shown that she sent a copy of
the brief to appellant and informed appellant that, in her view, the appeal is without merit. In
addition, counsel has demonstrated that she notified appellant of his right to review the record
and file a pro se response if he desired to do so. Appellant did not file a response. Neither did
the State favor us with a brief.
We have reviewed the arguable ground addressed by counsel to determine whether
there was any error which could plausibly support an appeal. We have also conducted an
independent review of the entire record. See 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.Cr.App. 2005). However, we have
found no reversible error and agree with counsel that the appeal is frivolous.
Accordingly, counsel's m otion to withdraw is hereby granted, and the trial court’s
judgment is affirmed.
Patrick A. Pirtle
Justice
Do not publish.
2