Natividad Villa v. The State of Texas--Appeal from 69th District Court of Moore County

State: Texas

Court: Texas Northern District Court

Docket No: 07-06-00346-CR

Case Date: 12/05/2006

Plaintiff: TEXAS DEPARTMENT OF PUBLIC SAFETY

Defendant: ADRIAN RIVERA--Appeal from 214th District Court of Nueces County

Preview:NO. 07-06-0346-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B DECEMBER 5, 2006 ______________________________ NATIVIDAD VILLA, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 69TH DISTRICT COURT OF MOORE COUNTY; NO. 3422; HON. RON ENNS, PRESIDING _______________________________ Memorandum Opinion _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Natividad Villa (appellant) appeals from an order adjudicating him guilty and ordering that he serve two years in prison. He had previously pled guilty to aggravated perjury without a recommendation as to punishment. His appellate counsel moved to withdraw and filed an Anders1 brief in conjunction with that motion. In the brief, he represents that, after conducting a diligent search, he found no meritorious issues warranting appeal.

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An ders v. C alifornia, 386 U.S. 738, 744 -45, 87 S.Ct. 1396, 18 L.Ed .2d 493 (1967 ).

Along with his brief, appellate counsel sent appellant a letter informing him of his conclusions and his right to file a pro se response or brief. We too informed appellant, by letter, of his right to appear via a pro se response or brief no later than November 30, 2006. To date, no response has been filed. In compliance with the principles enunciated in Anders, appellate counsel illustrated why the appeal was meritless. Appellant pled true to the allegation that he had committed a new offense. A plea of true standing alone supports a decision to revoke probation or adjudicate guilt. Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. 1979). We have also conducted our own review of the record, pursuant to Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), to assess the accuracy of appellate counsel's conclusions and to uncover any error. That review failed to reveal any error. Accordingly, the motion to withdraw is granted, and the judgment is affirmed.

Brian Quinn Chief Justice Do not publish.

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