Darlene Owens v. The State of Texas--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-99-039-CR

DARLENE OWENS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 98-120-CR

O P I N I O N

Darlene Barnes Owens pled guilty to the felony offense of delivery of a controlled substance. Owens declined to accept a plea offer of 5 years in prison. She was represented by a court-appointed attorney at the jury trial she requested for punishment. At trial, she requested to be placed on probation. The jury sentenced Owens to 12 years in prison. A special issue concerning the exhibition or use of a deadly weapon was submitted; however, the jury did not make a deadly weapon finding. Owens then timely filed her written notice of appeal.

Counsel on appeal // for Owens filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); Wilson v. State, 955 S.W.2d 693 (Tex. App. Waco 1997, order) (order discussing procedures for Anders appeal, revisiting Johnson v. State, 885 S.W.2d 641, 646 (Tex. App. Waco 1994, order)). Counsel reviewed the record, the sentence received by Owens and the factual basis for the sentence. He is of the opinion that the record reflects no reversible error. We have independently reviewed the record and counsel s discussion of Owens s potential claims. We are satisfied that counsel has diligently searched the record for any arguable appellate claim. McCoy v. Court of Appeals of Wisconsin Dist. 1, 486 U.S. 429, 442, 108 S. Ct. 1895, 1904, 100 L. Ed. 2d 440 (1988). We have determined that counsel correctly concluded that the appeal is frivolous. Id.

Owens s counsel advised Owens that she had the right to review the record and to file a written response on her own behalf. We also advised Owens by letter of these rights. Owens never filed a response. We note, however, that Owens s mother wrote a letter to the trial court and to us complaining that Owens was mentally impaired on the day of her trial. We have given additional attention to this issue in light of the record before us and Owens s plea and punishment testimony and have found no evidence in the record to support this claim.

Because we have no viable issues to consider, the judgment is affirmed. We simultaneously grant counsel's motion to withdraw. Id.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Affirmed

Opinion delivered and filed April 19, 2000

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