Tommy Coronado v. State

NO. 07-08-0496-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

MAY 11, 2009

______________________________

TOMMY CORONADO, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY;

NO. CR-07L-208; HONORABLE ROLAND SAUL, JUDGE

_______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ORDER DIRECTING FILING OF EXHIBITS

          Appellant, Tommy Coronado, was convicted by a jury of aggravated sexual assault of a child and indecency with a child, enhanced, and sentenced to life in prison and a $10,000 fine. The appellate record and Appellant’s brief have both been filed. Pending before this Court is Appellant’s Motion to Order the Court Reporter to Forward State’s Exhibits 1 and 5 to the Court of Appeals. Relying on Rule 34.6(g)(2) of the Texas Rules of Appellate Procedure, Appellant requests that this Court order the requested exhibits, which are DVDs, to be forwarded to this Court as they contain information relevant to issues raised in his brief. We grant the motion. Pursuant to Rule 34.6(g)(2), Tracy McCall, Court Reporter for the 222nd District Court of Deaf Smith County, is directed to forward State’s Exhibits 1 and 5 to the Clerk of this Court on or before May 29, 2009.

          It is so ordered.

                                                                           Per Curiam

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NO.  07-09-0205-CR

                                                             

                                                   IN THE COURT OF APPEALS

 

                                       FOR THE SEVENTH DISTRICT OF TEXAS

 

                                                                 AT AMARILLO

 

                                                                     PANEL D

 

                                                           SEPTEMBER 1, 2010

                                            ______________________________

 

                                                           TIMOTHY D. HANEY

 

                                                                                                            Appellant

                                                                             v.

 

                                                         THE STATE OF TEXAS

 

                                                                                                            Appellee

                                           _______________________________

 

                     FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

 

                         NO.  2007-418,606; HON. JIM BOB DARNELL, PRESIDING

                                           _______________________________

 

Memorandum Opinion

_______________________________

 

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

Timothy D. Haney (appellant) was convicted after a jury trial of aggravated assault against a member of his household, and punishment was assessed by the jury at life in prison.  Appellant’s appointed counsel has now filed a motion to withdraw, together with an Anders¹ brief, wherein he certified that, after diligently searching the record, he concluded that the appeal was without merit.  Along with his brief, appellate counsel 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 file a response pro se.  By letter dated August 4, 2010, this court also notified appellant of his right to tender his own response and set August 25, 2010, as the deadline to do so.  To date, no response has been filed.  

            In compliance with the principles enunciated in Anders, appellate counsel discussed two potential areas for appeal.  They include 1) hearsay evidence from appellant’s probation officer and 2) testimony regarding appellant’s self-inflicted wounds from a fact witness.  However, counsel then proceeded to explain why none of the issues required reversal on appeal.

            In addition, we have conducted our own review of the record to assess the accuracy of appellate counsel’s conclusions and to uncover any reversible error pursuant to Stafford v. State, 813 S.W.2d 508 (Tex. Crim. App. 1991).  After doing so, we concur with counsel’s conclusions. 

            We note the trial court’s judgment contains a special order that appellant repay attorney’s fees in the amount of $772.50 to Lubbock County.  The record contains no determination by the court of appellant’s ability to pay such fees.  Tex. Code Crim. Proc. Ann. art. 26.05(g) (Vernon Supp. 2009).  Accordingly, we modify the trial court’s judgment by deleting the language ordering appellant to repay attorney’s fees in the amount of $772.50.  See Mayer v. State, 274 S.W.3d 898, 902 (Tex. App.–Amarillo 2008), aff’d, 309 S.W.3d 552 (Tex. Crim. App. 2010) (modified the judgment to delete like order). 

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

 

                                                                                    Brian Quinn

                                                                                    Chief Justice

 

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¹See Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L. Ed. 2d 493 (1967).