in Re: Sears Panhandle Retirement Corporation, Individually and D/B/A Windflower Healthcare Center and Sears Methodist Retirement System, Inc., Relator

NO. 07-02-0353-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

DECEMBER 19, 2002



______________________________



IN RE SEARS PANHANDLE RETIREMENT CORPORATION,

INDIVIDUALLY AND D/B/A WINDFLOWER HEALTHCARE CENTER

AND SEARS METHODIST RETIREMENT SYSTEM, INC. RELATORS,

_______________________________

Before REAVIS and JOHNSON, JJ. and BOYD, S.J. (1)

After submission of this original proceeding, the Court was notified by letter dated October 15, 2002, that a settlement agreement had been reached and that an agreed order of dismissal would be forthcoming. On December 4, 2002, this Court notified all parties that if an appropriate motion for disposition of this proceeding was not filed within ten days, the appeal would be dismissed for want of prosecution. No motion was filed and thus, we now dismiss this proceeding. See Tex. R. App. 42.3(b) and (c).

Don H. Reavis

Justice



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1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

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NO. 07-09-0024-CR


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL B


SEPTEMBER 1, 2009

______________________________


WILLIE MCDADE,


                                                                                                 Appellant


v.


THE STATE OF TEXAS,


                                                                                                 Appellee

_________________________________


FROM THE 331ST DISTRICT COURT OF TRAVIS COUNTY;


NO. D-1-DC-08-904103; HON. FRED MOORE, PRESIDING

_______________________________


Memorandum Opinion

_______________________________


Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

          After a jury trial, appellant Willie McDade (appellant) was convicted of the offense of aggravated assault with serious bodily injury. Punishment was assessed by the trial court at thirty years in the Texas Department of Criminal Justice Institutional Division. Appellant timely filed his notice of appeal.

          Appellant’s appointed counsel has filed a motion to withdraw, together with an Anders brief, wherein she certifies that, after diligently searching the record, she has concluded that appellant’s appeal is without merit. Along with her brief, she has filed a copy of a letter sent to appellant informing him of counsel’s belief that there was no reversible error and of appellant’s right to appeal pro se. This court notified appellant of his right to file his own brief or response. Appellant filed a response urging grounds he believed warranted reversal.

          In compliance with the principles enunciated in Anders, appellate counsel discussed the evidence at trial and reviewed the objections lodged in same. Upon her final analysis, counsel determined no reversible error existed. Thereafter, we conducted our own review of the record to assess the accuracy of appellate counsel’s conclusions and to uncover any arguable error, per Stafford v. State, 813 S.W.2d 503 ( Tex. Crim. App. 1991). So too did we consider appellant’s response and the contentions raised therein. Upon doing these things, we also found no arguable error.

          Accordingly, the motion to withdraw is granted and the judgment is affirmed.

 


                                                                           Brian Quinn

                                                                          Chief Justice

  

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