Keith Lynn Wood, II v. State of Texas ( 2010 )


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  • Opinion filed November 4, 2010
    In The
    Eleventh Court of Appeals
    __________
    No. 11-10-00142-CR
    __________
    KEITH LYNN WOOD, II, Appellant
    V.
    STATE OF TEXAS, Appellee
    On Appeal from the 266th District Court
    Erath County, Texas
    Trial Court Cause No. CR13291
    MEMORANDUM OPINION
    The jury convicted Keith Lynn Wood, II of evading arrest and assessed his punishment at
    confinement in a state jail facility for two years and a $10,000 fine. We dismiss.
    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 been filed. Court-appointed counsel has
    complied with the requirements of Anders v. California, 
    386 U.S. 738
    (1967); In re Schulman,
    
    252 S.W.3d 403
    (Tex. Crim. App. 2008); Stafford v. State, 
    813 S.W.2d 503
    (Tex. Crim. App.
    1991); High v. State, 
    573 S.W.2d 807
    (Tex. Crim. App. 1978); Currie v. State, 
    516 S.W.2d 684
    (Tex. Crim. App. 1974); Gainous v. State, 
    436 S.W.2d 137
    (Tex. Crim. App. 1969); and
    Eaden v. State, 
    161 S.W.3d 173
    (Tex. App.—Eastland 2005, no pet.).
    In his response, appellant states that he “really just” wanted a “time reduction” and asks
    that his appeal be withdrawn.
    Following the procedures outlined in Anders, we have independently reviewed the
    record, and we agree that the appeal is without merit. We note that counsel has the responsibility
    to advise appellant that he may file a petition for discretionary review by the Texas Court of
    Criminal Appeals. Ex parte Owens, 
    206 S.W.3d 670
    (Tex. Crim. App. 2006). Likewise, this
    court advises appellant that he may file a petition for discretionary review pursuant to TEX. R.
    APP. P. 66. Black v. State, 
    217 S.W.3d 687
    (Tex. App.—Eastland 2007, no pet.).
    The motion to withdraw is granted, and the appeal is dismissed.
    PER CURIAM
    November 4, 2010
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Wright, C.J.,
    McCall, J., and Strange, J.
    2