Tisha Gay Pruett v. The State of Texas Appeal from 35th District Court of Brown County (memorandum opinion per curiam)
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Opinion filed February 7, 2019 In The Eleventh Court of Appeals ___________ No. 11-18-00039-CR ___________ TISHA GAY PRUETT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR24366 MEMORANDUM OPINION Based upon an open plea of guilty, the trial court convicted Appellant, Tisha Gay Pruett, of the third-degree felony offense of theft. The trial court assessed Appellant’s punishment at confinement for eight years and ordered that restitution in the amount of $23,455.24 be paid to Greenleaf Cemetery. We affirm. 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 concludes that this appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, and a copy of the reporter’s record. Counsel advised Appellant of her right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of her right to file a petition for discretionary review in order to seek review by the Texas Court of Criminal Appeals. See TEX. R. APP. P. 48.4, 68. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991). Appellant has not filed a response to counsel’s Anders brief. Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree with counsel that the appeal is frivolous and without merit.1 We grant counsel’s motion to withdraw and affirm the judgment of the trial court. PER CURIAM February 7, 2019 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.2 Willson, J., not participating. 1 We note that Appellant has a right to file a petition for discretionary review pursuant to TEX. R. APP. P. 68. 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2
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