Michelle Esparza Morales Miller v. The State of Texas--Appeal from 210th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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MICHELLE ESPARZA MORALES MILLER, ) No. 08-05-00347-CR

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Appellant, ) Appeal from

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v. ) 210th District Court

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THE STATE OF TEXAS, ) of El Paso County, Texas

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Appellee. ) (TC# 20040D03294)

MEMORANDUM OPINION

Michelle Esparza Morales Miller appeals her conviction of solicitation to commit capital murder. Appellant waived her right to a jury trial and entered a negotiated plea of guilty. The trial court found Appellant guilty but deferred adjudicating guilty and placed her on community supervision for ten years. The State subsequently filed a motion to adjudicate based on allegations that Appellant committed several new criminal offenses, including theft, burglary of a vehicle, aggravated assault, and murder. The trial court found that Appellant had violated the terms and conditions of community supervision as alleged in the motion to adjudicate, and the court entered an adjudication of guilt and assessed punishment at imprisonment for a term of sixty years. We affirm.

Appellant s court-appointed counsel has filed a brief in which she has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493, reh. denied, 388 U.S. 924, 87 S. Ct. 2094, 18 L. Ed. 2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). A copy of counsel s brief has been delivered to Appellant, and Appellant has been advised of her right to examine the appellate record and file a pro se brief. No pro se brief has been filed.

We have carefully reviewed the record and counsel s brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment is affirmed.

August 17, 2006

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

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