Stephen Anthony Sosa, Jr. v. the State of Texas ( 2023 )


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  • Opinion filed June 8, 2023
    In The
    Eleventh Court of Appeals
    ___________
    No. 11-22-00212-CR
    ___________
    STEPHEN ANTHONY SOSA, JR., Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 35th District Court
    Brown County, Texas
    Trial Court Cause No. CR26271
    MEMORANDUM OPINION
    Stephen Sosa, Jr., Appellant, waived a jury and entered an open plea of guilty
    to the third-degree felony offense of evading arrest. See TEX. PENAL CODE ANN.
    § 38.04 (West 2016). The trial court accepted Appellant’s plea of guilty and the trial
    court assessed Appellant’s punishment at confinement for a term of seven years in
    the Institutional Division of the Texas Department of Criminal Justice. We 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 she has concluded that this
    appeal is frivolous and without merit. Counsel has provided Appellant with a copy
    of the brief, a copy of the motion to withdraw, and a copy of the clerk’s record and
    the reporter’s record. Counsel advised Appellant of his right to review the record
    and file a response to counsel’s brief. Counsel also advised Appellant of his right to
    file a pro se petition for discretionary review in order to seek review by the Texas
    Court of Criminal Appeals. See TEX. R. APP. P. 68. Court-appointed counsel has
    complied with the requirements of Anders v. California, 
    386 U.S. 738
     (1967);
    Kelly v. State, 
    436 S.W.3d 313
     (Tex. Crim. App. 2014); In re Schulman, 
    252 S.W.3d 403
     (Tex. Crim. App. 2008); and Stafford v. State, 
    813 S.W.2d 503
     (Tex. Crim. App.
    1991).
    Appellant has not filed a response to counsel’s Anders brief. Following the
    procedures outlined in Anders and Schulman, we have independently reviewed the
    record, and we agree with counsel that no arguable grounds for appeal exist. 1
    We grant counsel’s motion to withdraw, and we affirm the judgment of the
    trial court.
    W. BRUCE WILLIAMS
    JUSTICE
    June 8, 2023
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Bailey, C.J.,
    Trotter, J., and Williams, J.
    1
    We note that Appellant has a right to file a petition for discretionary review pursuant to Rule 68
    of the Texas Rules of Appellate Procedure.
    2
    

Document Info

Docket Number: 11-22-00212-CR

Filed Date: 6/8/2023

Precedential Status: Precedential

Modified Date: 6/10/2023