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 2005-09

Billy Joe Burks, Jr. v. State ( 2005 )


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  •                                                              11th Court of Appeals

                                                                      Eastland, Texas

                                                                            Opinion

     

    Billy Joe Burks, Jr.

    Appellant

    Vs.                   No. 11-05-00042-CR -- Appeal from Palo Pinto County

    State of Texas

    Appellee

     

     The trial court convicted Billy Joe Burks, Jr., upon his plea of guilty, of evading arrest or detention.  The trial court assessed his punishment at confinement for 18 months in a state jail facility and a fine of $1,500.  We modify and affirm.

    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); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App.1991); High v. State, 573 S.W.2d 807 (Tex.Cr.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974); Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969); Eaden v. State, 161 S.W.3d 173 (Tex.App. - Eastland 2005, no pet=n).

    Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit.  We note that both the clerk=s record and the reporter=s record reflect that appellant entered an open plea of guilty and that a plea bargain agreement was not reached.  Therefore, the judgment of the trial court is modified to reflect that appellant entered an open plea of guilty.

    The motion to withdraw is granted; and the judgment, as modified, is affirmed.

     

    PER CURIAM

     

    September 8, 2005

    Do not publish.  See TEX.R.APP.P. 47.2(b).

    Panel consists of: Wright, J., and McCall, J.[1]


    [1]W. G. Arnot, III, Chief Justice, retired effective July 31, 2005.  The chief justice position is vacant.