Larry Everette White v. The State of Texas--Appeal from 196th District Court of Hunt County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-03-00173-CR

______________________________

LARRY EVERETT WHITE, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 196th Judicial District Court

Hunt County, Texas

Trial Court No. 21,420

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

On June 6, 2003, Larry Everett White, Jr., waived his right to a jury trial and pled guilty in Hunt County cause number 21,420 to assaulting a public servant. // See Tex. Pen. Code Ann. 22.02 (Vernon Supp. 2004) (assaulting a public servant in line of duty is a first-degree felony). The indictment further alleged White had been previously, finally, and sequentially convicted of two additional felony offenses. After the trial court admonished White about the enhanced punishment range applicable in this case, White pled "true" to enhancement allegations. See Tex. Pen. Code Ann. 12.42(d) (Vernon Supp. 2004) (twenty-five years is the minimum punishment for a first-degree felony with two priors; maximum of ninety-nine or life). The trial court then ordered a presentence investigation (PSI) report.

After considering further testimony on punishment and the PSI report at a July 24, 2003, hearing, the trial court sentenced White to fifty years' imprisonment. (There was not a negotiated plea agreement in this case.) White timely appealed his conviction and sentence to this Court.

On November 20, 2003, White's appellate counsel filed an Anders // brief in which he professionally discussed the record and concluded there were no arguable grounds for appeal. As required by Anders, counsel also filed a motion to withdraw. Counsel sent White a copy of the appellate brief and informed White of his right to file a pro se response and right to review the record.

This Court informed White at that time his response, if any, was due within thirty days. As of this date, we have not received a pro se response. We have independently reviewed the record and the brief filed by counsel in this appeal, and we agree there are no arguable issues that would support an appeal in this case. Dr. Michael Pittman evaluated White and submitted a report to the trial court in which Pittman concluded White was legally competent to stand trial. At the guilty plea hearing, White's answers to the trial court's questions were articulate and responsive. White agreed with his trial counsel that, by pleading guilty to each of the five charges, he avoided the potentiality for cumulated sentencing, a risk inherent had he pursued separate trials in each of the cases. White's trial counsel also informed the trial court that, though White's competency had once been an issue, White did understand the pending charges and had been able to assist counsel in preparing a defense.

The evidence presented at the sentencing hearing revealed White had twice previously been convicted of delivery of controlled substances and also of being a felon in possession of a firearm. Moreover, White pled guilty to four other serious felony offenses in conjunction with the crime underlying this case. There was testimony that suggested White had a substance abuse problem, which may have contributed to his conduct underlying the crimes now on appeal. The punishment assessed in this case was within the range of punishment permitted under Texas law. Accordingly, we affirm the trial court's judgment.

Jack Carter

Justice

Date Submitted: March 2, 2004

Date Decided: March 18, 2004

Do Not Publish