James B. Latham, Jr. v. The State of Texas--Appeal from 8th District Court of Rains County

NOS. 12-05-00299-CR

12-05-00300-CR

12-05-00301-CR

12-05-00302-CR

12-05-00303-CR

12-05-00304-CR

12-05-00305-CR

12-05-00306-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JAMES BRYANT LATHAM, JR., APPEAL FROM THE EIGHTH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE RAINS COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

James Bryant Latham, Jr. appeals from the court s judgments adjudicating guilt in six cases and the revocation of his probation in two cases. Appellant s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). We affirm.

Background

Appellant waived his right to a jury trial, stipulated to the evidence, and pleaded guilty to five counts of aggravated assault with a deadly weapon and one count of manufacturing or delivery of a controlled substance. Pursuant to a plea bargain agreement, the trial court sentenced him to ten years of deferred adjudication probation and a $1500.00 fine in each case. The State filed motions to proceed to final adjudication in each case. Appellant pleaded true to some of the allegations in the State s motions. After a hearing, the trial court found Appellant violated the terms of his probation, revoked his probation, and found him guilty in each case. The trial court sentenced him to fifteen years of imprisonment and a $1500.00 fine in each of the aggravated assault cases and forty years of imprisonment and a $1500.00 fine in the manufacturing or delivery of a controlled substance case.

Also pursuant to plea bargains, Appellant pleaded guilty to evading arrest and possession of a controlled substance. In each case, he was originally sentenced to two years in a state jail facility, probated for five years, and a $1500.00 fine. The State filed motions to revoke probation in both cases and Appellant pleaded true to some of the allegations in the motions. The trial court found Appellant violated the terms of his probation, revoked his probation, and sentenced him to two years in a state jail facility and a $1500.00 fine in each of these two cases. The court ordered all eight sentences to run concurrently.

Analysis Pursuant to Anders v. California

Appellant s counsel filed a brief in compliance with Anders and Gainous, stating that he has diligently reviewed the appellate records and is of the opinion that the records reflect no reversible error and that there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in these cases. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), Appellant s brief presents a chronological summation of the procedural history of the cases, and further states that Appellant s counsel is unable to raise any arguable issues for appeal.1 We have likewise reviewed the records for reversible error and have found none.

Conclusion

As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant s counsel has moved for leave to withdraw. We carried the motion for consideration with the merits of the appeal. Having done so and finding no reversible error, Appellant s counsel s motion for leave to withdraw is hereby granted. The trial court s judgments are affirmed.

Opinion delivered November 8, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

( DO NOT PUBLISH)

1 Counsel for Appellant certified in his motion to withdraw that he provided Appellant with a copy of this brief and that Appellant was given time to file his own brief in these causes. The time for filing such a brief has expired and we have received no pro se brief.