In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-05-00062-CV
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BOBBY J. TOMPKINS, Appellant
V.
TOMMY H. MOSELEY, ET AL., Appellees
On Appeal from the County Court at Law
Harrison County, Texas
Trial Court No. 2003-6073-CCL
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Bobby J. Tompkins has appealed the trial court's judgment, which ordered Tompkins to take nothing in his personal injury claim against Tommy H. Moseley, et al.
The record in this case was complete June 10, 2005. At that time, we informed Tompkins that his brief in this case was due on or before July 11, 2005. On July 7, 2005, we granted Tompkins an additional thirty days in which to submit his brief. Tompkins, however, did not submit a brief by August 11, 2005. Thus, on August 23, 2005, we informed Tompkins that his brief in this case should be submitted by September 7, 2005, or we would consider dismissing the appeal for want of prosecution.
Almost one month has passed since our warning letter to Tompkins. Tompkins has not submitted his brief, requested additional time, or made any further contact with this Court explaining why this case should not be dismissed for want of prosecution. Accordingly, pursuant to Tex. R. App. P. 42.3(b), we dismiss Tompkins' suit for want of prosecution.
Josh R. Morriss, III
Chief Justice
Date Submitted: September 26, 2005
Date Decided: September 27, 2005
S]: No, sir.
After having read the entire record of the sentencing hearing in this case, we find no affirmative demonstration of ineffective assistance of counsel. (3) We find no error regarding Weathers's issue on ineffective assistance of counsel at trial.
Weathers's second complaint on appeal is that the trial court erred in failing to have her examined for competence regarding the voluntariness of the pleas she entered in these cases. In our review of the record, we find that Weathers answered the questions asked of her by the trial court in a reasonable and knowledgeable manner. There is no indication in the record that Weathers was incompetent to enter her pleas. Defense counsel stated that he had known Weathers for "a long time" (Weathers stated in her response that he had represented her since 1999) and that it was counsel's opinion she was competent to stand trial. We find no indication of incompetence on the part of Weathers. A person is presumed to be competent to stand trial unless proven incompetent. Tex. Code Crim. Proc. Ann. art. 46B.003(b) (Vernon 2006). We find no error regarding this complaint.
Weathers further contends on appeal that she received ineffective assistance of counsel on appeal. In this case, Weathers's counsel filed an Anders (4) brief in which he discusses the record and reviews the proceedings and in which he states he concludes that there are no arguable points of error to support the appeal. After our independent review of the record, we agree with appellate counsel that there are no arguable points of error in this case. (5) Ineffective assistance of counsel on appeal has not been shown.
We affirm the judgment of the trial court.
Bailey C. Moseley
Justice
Date Submitted: August 2, 2007
Date Decided: August 16, 2007
Do Not Publish
1. Weathers has three appeals still pending in this Court under cause numbers 06-06-00136-CR, 06-06-00137-CR, and 06-06-00138-CR. In some documents filed in these cases, Weathers is
referred to as "Karla Louise Vasquez," "Karla Vasquez," or "Vasquez Weathers."
2. 3. 4. 5.