Jessie M. Vasquez v. The State of Texas--Appeal from County Court at Law No 1 of Lubbock County
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NO. 07-05-0349-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B AUGUST 31, 2006 ______________________________ JESSE VASQUEZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE COUNTY COURT AT LAW NO. ONE OF LUBBOCK COUNTY; NO. 2004-490125; HONORABLE RUSTY B. LADD, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. MEMORANDUM OPINION Appellant Jesse M. Vasquez, following his trial by jury, appeals his conviction for resisting arrest and his jury-imposed sentence of seven days in the Lubbock County Jail and a fine of $2,000.00. We will affirm the judgment and grant counsel s motion to withdraw in the case. 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 his 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 April 4, 2006, this court also notified appellant of his opportunity to submit a response to the Anders brief and motion to withdraw filed by his counsel, granting him until May 4, 2006 to do so. This court s letter also reminded appellant to contact his counsel if he needed to review any part of the appellate record to prepare a response. Appellant filed a response on May 3, 2006. 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, counsel s brief, and appellant s response, 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 James T. Campbell Justice Do not publish. 2
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