NO. 07-00-0514-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JANUARY 8, 2002
______________________________
EUGENE SHANNON MARTINEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 121ST DISTRICT COURT OF TERRY COUNTY;
NO. 4560; HONORABLE KELLY G. MOORE, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
Appellant Eugene Shannon Martinez appeals from his conviction and sentence
pursuant to a plea of guilty to the charge of aggravated sexual assault. We affirm.
On September 11, 2000, appellant entered a plea of guilty to a charge of
aggravated sexual assault. The trial court heard evidence and accepted appellant’s plea.
Appellant and the State had not entered into a plea bargain. The trial court held a
sentencing hearing on September 28, 2000, heard evidence and sentenced appellant to
confinement for 50 years in the Texas Department of Criminal Justice-Institutional Division
and a fine of $10,000.
Counsel for appellant has filed a Motion to Withdraw and a Brief in Support thereof.
In support of the motion to withdraw, counsel has certified that, in compliance with Anders
v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the record has
been diligently reviewed and that in the opinion of counsel, the record reflects no
reversible error or grounds upon which an arguably meritorious appeal can be predicated.
Counsel thus concludes that the appeal is without merit. Counsel has discussed why,
under the controlling authorities, there is no reversible error in the trial court proceedings
and judgment. See High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App. 1978).
Counsel has attached exhibits showing that a copy of the Anders brief and Motion
to Withdraw have been forwarded to appellant, and that counsel has appropriately advised
appellant of appellant’s right to review the record and file a response to counsel’s motion
and brief. The clerk of this court has, by letter, likewise advised appellant of his right to
file a response to counsel’s Anders brief. Appellant has not filed a response to counsel’s
motion and brief.
We have made an independent examination of the record to determine whether
there are any arguable grounds meriting appeal. See Penson v. Ohio, 488 U.S. 75, 109
S.Ct. 346, 102 L.Ed.2d 300 (1988); Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.
1991). The record indicates, among other matters, that appellant was timely indicted,
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represented by legal counsel, signed admissions of guilt and written admonishments, and
was orally examined and admonished by the trial judge before the guilty plea was
accepted. The punishment levied was within the range provided by statute. We agree that
the appeal is without merit.
Accordingly, counsel’s Motion to Withdraw is granted. The judgment of the trial
court is affirmed.
Phil Johnson
Justice
Do not publish.
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