Thelma Wiley v. State

NO. 07-08-0471-CR


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL B


MAY 14, 2009

______________________________


THELMA LEE WILEY,


                                                                                                 Appellant


v.


THE STATE OF TEXAS,


                                                                                                 Appellee

_________________________________


FROM THE 110TH DISTRICT COURT OF DICKENS COUNTY;


NO. 2350; HON. WILLIAM P. SMITH, PRESIDING

_______________________________


Anders Opinion

_______________________________


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

          After a jury trial, Thelma Lee Wiley was found guilty of the offense of manslaughter with a deadly weapon. Her punishment was assessed at twenty years confinement and a fine of $10,000.  

          Appellant’s appointed counsel has filed a motion to withdraw, together with an Anders brief. In that brief, he certifies that he diligently searched the record for arguable error and found none. Along with his brief, he filed a copy of a letter sent to appellant informing her of his conclusion and of her right to file a brief or response pro se. By letter dated February 26, 2009, this Court also notified appellant of her right to file her own response by March 30, 2009, if she so wished. Thereafter, appellant requested an extension of the deadline, which extension the Court granted to April 29, 2009. To date, we have received neither a response nor another request for an extension of time from appellant.

          In compliance with the principles enunciated in Anders, appellate counsel discussed various phases of the trial including 1) voir dire, 2) the evidence offered at the guilt/innocence phase of trial, and 3) the evidence offered at the punishment phase of trial. Counsel also discussed the proceedings and analyzed the evidence offered before concluding that no reversible error existed. Thereafter, we reviewed the record to assess the accuracy of appellate counsel’s conclusions and to uncover any arguable error pursuant to Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991). Upon doing so, we too decide that there exists no arguable error warranting appellate review.

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

 

                                                                           Brian Quinn

                                                                          Chief Justice

 

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