Dorothy Yvonne Spencer v. State ( 2010 )

Opinion issued November 18, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-00091-CR

NO. 01-10-00092-CR

____________

DOROTHY YVONNE SPENCER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause Nos. 1196123 and 1196125

MEMORANDUM OPINION

          In two separate indictments, appellant, Dorothy Yvonne Spencer, pleaded guilty, without an agreed recommendation with the State as to punishment, to the offenses of theft and engaging in organized criminal activity.  See Tex. Penal Code Ann. §§ 31.03(a), 71.02(a)(1) (Vernon Supp. 2010).  Appellant signed plea papers confessing her guilt and signed written admonishments containing, inter alia, the punishment range.  The trial court ordered a pre-sentence investigation (PSI) report.  After a PSI hearing, the trial court assessed punishment in appellate number 01-10-00091-CR at 10 years’ community supervision and ordered appellant to pay a $1,000 fine and $79,920 in restitution. In appellate number 01-10-00092-CR, the trial court assessed punishment at 10 years’ community supervision and ordered her to pay a $1,000 fine, with the sentence to run concurrently with that in 01-10-00092-CR.  Appellant’s punishment was assessed within the range of punishment for which she was admonished.  We affirm.

Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed.  See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967).  The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal.  Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978).

Counsel represents that he has served a copy of the brief on appellant.  Counsel also advised appellant of her right to examine the appellate record and to file a pro se brief.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  More than 30 days have passed, and appellant has not filed a pro se brief.  Having reviewed the record and counsel’s brief, we agree that the appeal is frivolous and without merit and that there is no reversible error.  See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

We affirm the judgment of the trial court and grant counsel’s motion to withdraw.[1] Attorney Sam Adamo must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.  See Tex. R. App. P. 6.5(c).

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).

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[1]               Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).