Noel, LaChandra v. State

Opinion issued June 6, 2002





















In The

Court of Appeals

For The

First District of Texas

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NO. 01-01-00396-CR

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LACHANDRA NOEL, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 851141




MEMORANDUM OPINION

Appellant, Lachandra Noel, appeals her conviction for tampering with a governmental record. The jury suspended her sentence and recommended she be placed on community supervision for five years.

Appellant's counsel has filed a brief stating that, after a thorough and complete analysis of the record, in his professional opinion, the appeal is without merit. Although counsel's review of the record did not uncover any arguable points of reversible error, he did research a number of potential points of error and explained why they were without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and stating why there are no arguable grounds of error on appeal. See Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).

Counsel, pursuant to his duties, advised appellant of his evaluation of this appeal and notified her of his obligation to withdraw as attorney of record. He additionally informed her of her right to file her own pro se brief. Appellant filed a motion with this Court requesting additional time in which to file her pro se brief. The Court granted the motion, but the brief was never forthcoming.

As in all such matters, we assumed our responsibility of researching the record for reversible error as a result of appellate counsel's filing a brief alleging an appeal that has no merit. We have carefully read and reviewed the entire record in

this matter, and we concur with appellate counsel's assessment that there are no arguable grounds of error that could be presented on appeal.

We affirm the judgment, and grant appellate counsel's request to withdraw from any further obligation in this matter. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.--Houston [1st Dist.] 2000, no pet.). Counsel still has a duty to inform appellant of the result of this appeal and also to inform appellant that she may, on her own, pursue discretionary review in the Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

PER CURIAM



Panel consists of Justices Hedges, Jennings, and Price. (1)



Do not publish. Tex. R. App. P. 47.

1. The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.