Celeste Reedy Wells v. The State of Texas--Appeal from 198th Judicial District Court of Menard County

MEMORANDUM OPINION

No. 04-05-00594-CR

Celeste Reedy WELLS,

Appellant

v.

The STATE of Texas ,

Appellee

From the 198th Judicial District Court, Menard County, Texas

Trial Court No. 04-1981

Honorable Emil Karl Prohl , Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone , Justice

Sarah B. Duncan , Justice

Delivered and Filed: October 4, 2006

AFFIRMED

Celeste Reedy Wells pled guilty to the offense of possession of a controlled substance with intent to deliver and was sentenced by the court to twenty years imprisonment. Wells' court-appointed attorney filed a brief containing a professional evaluation of the record in accordance withAnders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Wells with a copy of the brief and informed her of her right to review the record and file her own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.);Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Wells filed a pro se brief asserting counsel was ineffective in advising her to plead guilty and in representing both Wells and her co-defendant due to a conflict of interest.

After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (noting court of appeals should not address merits of issues raised in Anders brief or pro se response but should only determine if the appeal is frivolous); see also Thompson v. State, 9 S.W.3d 808, 813-14 (Tex. Crim. App. 1999) (noting record on direct appeal generally is not sufficiently developed to defeat presumption that counsel rendered effective assistance but also noting claim can be raised by a post-conviction application for writ of habeas corpus). The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns 924 S.W.2d at 177 n.1.

Alma L. L pez, Chief Justice

DO NOT PUBLISH