Adriena Levell Perkins v. State of Texas--Appeal from 238th District Court of Midland County (memorandum opinion per curiam)
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Opinion filed February 28, 2013 In The Eleventh Court of Appeals __________ No. 11-12-00111-CR _________ ADRIENA LEVELL PERKINS, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CR37750 MEMORANDUM OPINION Adriena Levell Perkins entered open pleas of guilty to two counts of aggravated assault with a deadly weapon. After the trial court accepted Appellant s pleas of guilty, the jury assessed her punishment at confinement for a term of thirteen years on each count in the Institutional Division of the Texas Department of Criminal Justice. The jury additionally imposed a fine of $5,000 on each count. We dismiss the appeal. 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 he has concluded that the appeal is frivolous. Counsel has provided Appellant with a copy of the brief and advised Appellant of her right to review the record and file a response to counsel s brief. A response has not been filed. 1 Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App. Eastland 2005, no pet.). Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree that the appeal is without merit and should be dismissed. Schulman, 252 S.W.3d at 409. We note that counsel has the responsibility to advise Appellant that she may file a petition for discretionary review with the clerk of the Texas Court of Criminal Appeals seeking review by that court. TEX. R. APP. P. 48.4 ( In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant s right to file a pro se petition for discretionary review under Rule 68. ). Likewise, this court advises Appellant that she may file a petition for discretionary review pursuant to TEX. R. APP. P. 68. The motion to withdraw is granted, and the appeal is dismissed. PER CURIAM February 28, 2013 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Willson, J. 1 By letter, this court granted Appellant thirty days in which to exercise her right to file a response to counsel s brief. 2
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