Charlene Carter v. The State of Texas--Appeal from 181st District Court of Potter County
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NO. 07-05-0394-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D AUGUST 31, 2006 ______________________________ CHARLENE MORSHAY CARTER, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 181ST DISTRICT COURT OF POTTER COUNTY; NO. 50,047-B; HONORABLE JOHN BOARD, JUDGE _______________________________ Before QUINN, C.J., and REAVIS and CAMPBELL, JJ. MEMORANDUM OPINION Appellant Charlene Morshay Carter appeals her conviction for murder and her juryimposed sentence of 20 years in the Institutional Division of the Texas Department of Criminal Justice and a $9,000.00 fine. We will affirm the judgment and grant counsel s motion to withdraw. Appellant s counsel has filed a brief stating that he has carefully reviewed the record in this case and concludes there is no reversible error and that the appeal is frivolous. See Anders v. California, 386 U.S. 738, 744-45 (1967). Counsel has also filed a motion to withdraw in the case and, by letter, informed appellant of her right to file a pro se brief. Johnson v. State, 885 S.W.2d 641, 646 (Tex.App. Waco 1994, pet. ref d). By letter dated May 23, 2006, this court also notified appellant of her opportunity to submit a response to the Anders brief and motion to withdraw filed by her counsel, granting her until June 22, 2006 to do so. This court s letter also reminded appellant to contact her counsel if she needed to review any part of the appellate record to prepare a response. Appellant has not filed a brief or other response. We have independently examined the entire record in the case to determine whether there are any non-frivolous grounds which might support the appeal. See Penson v. Ohio, 488 U.S. 75 (1988); Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We have found no such grounds. After reviewing the record before us and counsel s brief, we agree with counsel that the appeal is frivolous. See Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). Accordingly, counsel s motion to withdraw is granted and the judgment is affirmed. James T. Campbell Justice Do not publish. 2
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