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 2011-06

Michael Vernon Stewart v. State ( 2011 )


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    NO. 12-10-00107-CR

                      

    IN THE COURT OF APPEALS

     

                TWELFTH COURT OF APPEALS DISTRICT

     

                                          TYLER, TEXAS

    MICHAEL VERNON STEWART,                   §                 APPEAL FROM THE 2ND

    APPELLANT

     

    V.                                                                         §                 JUDICIAL DISTRICT COURT

     

    THE STATE OF TEXAS,

    APPELLEE                                                        §                 CHEROKEE COUNTY, TEXAS

    MEMORANDUM OPINION

    PER CURIAM

    Michael Vernon Stewart appeals his conviction for assault on a public servant following the revocation of his deferred adjudication community supervision, for which he was sentenced to imprisonment for ten years.  Appellant’s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969).  We dismiss the appeal.

     

    Background

    Appellant was charged by indictment with assault against a public servant and pleaded “guilty.” The trial court deferred adjudicating Appellant “guilty” and sentenced him to community supervision for ten years.  Subsequently, the State filed a motion to proceed to final adjudication alleging that Appellant had violated certain terms and conditions of his community supervision.  Specifically, the State alleged that Appellant had, among other violations, (1) committed a new offense of aggravated assault and (2) committed a new offense of assault family violence.  Thereafter, the trial court conducted a hearing on the State’s motion.  Following the hearing, the trial court found that Appellant had violated the aforementioned terms and conditions of his community supervision as alleged in the State’s motion.  Following a trial on punishment, the trial court revoked Appellant’s community supervision, adjudicated him “guilty” of assault on a public servant, and sentenced him to imprisonment for ten years. This appeal followed.

     

    Analysis Pursuant to Anders v. California

    Appellant=s counsel filed a brief in compliance with Anders v. California and Gainous v. State. Appellant=s counsel states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated.  He further relates that he is well acquainted with the facts in this case.  In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), Appellant=s brief presents a chronological summation of the procedural history of the case and further states that Appellant=s counsel is unable to raise any arguable issues for appeal.[1]  We have likewise reviewed the record for reversible error and have found none.

     

    Conclusion

    As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant=s counsel has moved for leave to withdraw.  See also In re Schulman, 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding).  We carried the motion for consideration with the merits.  Having done so and finding no reversible error, Appellant=s counsel=s motion for leave to withdraw is hereby granted and the appeal is dismissed.

    As a result of our disposition of this case, Appellant’s counsel has a duty to, within five days of the date of this opinion, send a copy of the opinion and judgment to Appellant and advise him of his right to file a petition for discretionary review.  See Tex. R. App. P. 48.4; In re Schulman, 252 S.W.3d at 411 n.35.  Should Appellant wish to seek review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review on his behalf or he must file a petition for discretionary review pro se.  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 Texas Rule of Appellate Procedure 68.4. See In re Schulman, 252 S.W.3d at 408 n.22.

    Opinion delivered June 15, 2011.  

    Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    (DO NOT PUBLISH)

     
     


    [1] Counsel for Appellant states in his motion to withdraw that he provided Appellant with a copy of this brief.  Appellant was given time to file his own brief in this cause.  The time for filing such a brief has expired and we have received no pro se brief.