Rafter Vincent Irving, III v. The State of Texas--Appeal from 359th District Court of Montgomery County

State: Texas

Court: Texas Northern District Court

Docket No: 10-02-00185-CR

Case Date: 08/27/2003

Plaintiff: Rafter Vincent Irving, III

Defendant: The State of Texas--Appeal from 359th District Court of Montgomery County

Preview:Rafter Vincent Irving, III v. The State of Texas--Appeal
from 359th District Court of Montgomery County
IN THE
TENTH COURT OF APPEALS
No. 10-02-185-CR
RAFTER VINCENT IRVING, III,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 359th District Court
Montgomery County, Texas
Trial Court # 01-12-07724-CR
MEMORANDUM OPINION
Rafter Vincent Irving, III pleaded guilty without the benefit of a plea bargain to aggravated robbery. After a
presentence investigation and a brief punishment hearing, the court sentenced him to eight years imprisonment.
Irving s appellate counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400,
18 L. Ed. 2d 493, 498 (1967). Counsel notified Irving that he had filed an Anders brief, sent him a copy of the brief
and the record, and informed him that he had the right to file a pro se brief or other response. See Sowels v. State, 45
S.W.3d 690, 693 (Tex. App. Waco 2001, no pet.). The Clerk of this Court also notified Irving that he could file a brief
or response, but he has not done so.
Irving s counsel does not identify potential sources of error in his brief. E.g., Taulung v. State, 979 S.W.2d 854, 855
(Tex. App. Waco 1998, no pet.). Rather, counsel reviews the propriety of the indictment, the plea proceedings, and the
punishment hearing, then concludes that the appeal presents no issues of arguable merit.
This Court has conducted an independent review of the record and has reached the same conclusion. See Sowels, 45
S.W.3d at 691-92. The indictment vested the court with jurisdiction. The trial court made no adverse rulings on Irving s
pretrial motions. // The clerk s record reflects no issues which might arguably support an appeal. Sowels, 45 S.W.3d at
file:///C|/Users/Peter/Desktop/opinions/PDFs1/5368.html[8/20/2013 7:18:34 PM]

692 (internal quotations and citation omitted).
Accordingly, we affirm the judgment. Counsel must advise Irving of our decision and of his right to file a petition for
discretionary review. Sowels, 45 S.W.3d at 694.
BILL VANCE
Justice
Before Justice Vance,
Justice Gray, and
Senior Justice Hill (Sitting by Assignment)
Affirmed
Opinion delivered and filed August 27, 2003
Do not publish
[CR25]
file:///C|/Users/Peter/Desktop/opinions/PDFs1/5368.html[8/20/2013 7:18:34 PM]

Download 5368.pdf