In the Matter of the Marriage of Michael Gordon Champion and Camilla De'One Champion--Appeal from 52nd District Court of Coryell County

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State: Texas

Court: Texas Northern District Court

Docket No: 10-07-00221-CV

Case Date: 10/10/2007

Plaintiff: Celso Duran Juarez

Defendant: The State of Texas--Appeal from 161st District Court of Ector County

Preview:Celso Duran Juarez v. The State of Texas--Appeal from
161st District Court of Ector County
Opinion filed March 22, 2007
Opinion filed March 22, 2007
In The
Eleventh Court of Appeals
No. 11-06-00339-CR
CELSO DURAN JUAREZ, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 161st District Court
Ector County, Texas
Trial Court Cause No. B-29,659
O P I N I O N
This is an appeal from a judgment adjudicating guilt. Celso Duran Juarez originally entered a plea of guilty to the
offense of possession of cocaine. Pursuant to the plea bargain agreement, the trial court deferred the adjudication of
appellant=s guilt, placed him on community supervision for ten years, and assessed a $1,000 fine. After a hearing on
the State=s motion to adjudicate, the trial court found that appellant had violated the terms and conditions of his
community supervision, revoked his community supervision, adjudicated his guilt, and imposed a sentence of
confinement for ten years and a $1,000 fine. We affirm.
Appellant=s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which
counsel professionally and conscientiously examines the record and applicable law and states that he has concluded
that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of his right
to review the record and file a response to counsel=s brief. Court-appointed counsel has complied with the
requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991);
High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974);
Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005,
no pet.).
Appellant has filed an original application for a writ of habeas corpus from the Texas Court of Criminal Appeals under
Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005). This court lacks jurisdiction to grant relief under Article 11.07.
In the interest of justice, we are this date retaining copies of appellant=s application and returning the original
application to appellant.
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In his application, appellant challenges the effectiveness of his trial counsel. The record before this court does not
support appellant=s claims that his trial counsel provided ineffective assistance of counsel. Wiggins v. Smith, 539 U.S.
510 (2003); Strickland v. Washington, 466 U.S. 668 (1984); Andrews v. State,159 S.W.3d 98 (Tex. Crim. App. 2005);
Hernandez v. State, 988 S.W.2d 770 (Tex. Crim. App. 1999). Appellant=s contentions are overruled.
Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal
is without merit. We note that counsel has the responsibility to advise appellant that he may file a petition for
discretionary review by the Texas Court of Criminal Appeals. Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App.
2006). Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to Tex. R.
App. P. 66. Black v. State, No. 11-06-00273-CR, 2007 WL 431005 (Tex. App.CEastland, Feb. 8, 2007, no pet. h.).
The motion to withdraw is granted, and the judgment is affirmed.
PER CURIAM
March 22, 2007
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.
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