Christopher Yaites v. The State of Texas--Appeal from Crim Dist Ct 3 of Tarrant County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00074-CR

Christopher Yaites,

Appellant

v.

The State of Texas,

Appellee

From the Criminal District Court No. 3

Tarrant County, Texas

Trial Court No. 0912020D

MEMORANDUM Opinion

Christopher Yaites pleaded guilty to the offense of aggravated robbery without the benefit of a plea agreement. The court assessed Yaites s punishment at forty-five years imprisonment. Yaites s counsel filed an Anders brief contending that this appeal presents no issues of arguable merit. Yaites has not filed a pro se brief or other response, though he was notified of his right to do so. Because our independent review of the record reveals no issues of arguable merit, we will affirm the judgment.

The documents Yaites signed in connection with his guilty plea provided him the admonishments required by law. See Tex. Code Crim. Proc. Ann. art. 1.14 (Vernon 2005), art. 26.13 (Vernon Supp. 2005). The court reviewed these admonishments on the record with Yaites, though not in the same level of detail. Yaites waived his right to a jury trial in writing. Id. art. 1.15 (Vernon 2005). Yaites signed a judicial confession and admitted in his testimony that he committed the offense alleged. See Dinnery v. State, 592 S.W.2d 343, 353 (Tex. Crim. App. [Panel Op.] 1979); Ramirez v. State, 139 S.W.3d 731, 732-33 (Tex. App. Fort Worth 2004, pet. ref d).

Yaites s trial counsel presented appropriate evidence and argument for the court to consider in mitigation of punishment. Yaites s appellate counsel notes that Yaites failed to preserve any complaint that his sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment. See Steadman v. State, 160 S.W.3d 582, 586 (Tex. App. Waco 2005, pet. ref d).

Our independent review of the record has revealed no issues of arguable merit. Accordingly, we affirm the judgment. Counsel must advise Yaites of our decision and of his right to file a petition for discretionary review. See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App. Waco 2001, no pet.).

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed November 9, 2005

Do not publish

[CRPM]