Rachel Leigh Eakins v. The State of Texas--Appeal from 359th District Court of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00448-CR NO. 09-10-00449-CR _________________ RACHEL LEIGH EAKINS, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 359th District Court Montgomery County, Texas Trial Cause Nos. 09-08-07946-CR and 07-08-08692-CR ________________________________________________________________________ MEMORANDUM OPINION Appellant Rachel Leigh Eakins1 appeals her convictions for fraudulent possession of a controlled substance by prescription and driving while intoxicated, third or more offense. We affirm the trial court s judgments. Eakins entered a plea of guilty to both offenses. The trial court found Eakins guilty of fraudulent possession of a controlled substance by prescription, a third degree felony, and sentenced her to ten years of confinement. The trial court further found 1 Rachel Leigh Eakins is also known as Rachel Hoover. 1 Eakins guilty of driving while intoxicated, a third degree felony, and sentenced her to ten years of confinement to run concurrently with her fraudulent possession sentence. Eakins s appellate counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel s brief presents his professional evaluation of the record and concludes there are no arguable grounds to be advanced on appeal. Counsel provided Eakins with a copy of this brief. We granted an extension of time for appellant to file a pro se brief. We received no response from Eakins. In response to an inquiry concerning attorney s fees of $3479 in the trial court s judgment in Cause No. 07-08-08692-CR, the State has informed this Court that they agree to a redaction from the judgment of that amount since the record does not reflect that the trial court addressed Eakins s ability to pay at the sentencing hearing. See Tex. Code Crim. Proc. Ann. art. 26.05(g) (West Supp. 2010); Roberts v. State, 327 S.W.3d 880, 883-84 (Tex. App. Beaumont 2010, no pet.). We have independently reviewed the clerk s record and the reporter s record, and we agree with Eakins s appellate counsel that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief Eakins s appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005); compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We modify the 2 judgment to delete the portion requiring that Eakins pay attorney s fees of $3479. In all other respects, the judgments are affirmed.2 AFFIRMED AS MODIFIED. ___________________________ CHARLES KREGER Justice Submitted on August 22, 2011 Opinion Delivered August 31, 2011 Do not publish Before McKeithen, C.J., Kreger and Horton, JJ. 2 Eakins may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 3
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