Anthony Ramos v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-06-087 CR

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ANTHONY RAMOS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 284th District Court

Montgomery County, Texas

Trial Cause No. 05-01-00527-CR




MEMORANDUM OPINION

Anthony Ramos entered a non-negotiated guilty plea to an indictment for the second degree felony of aggravated assault with a deadly weapon. See Tex. Pen. Code Ann. § 22.02(a)(2) (Vernon Supp. 2006). The trial court convicted and sentenced Ramos to ten years of confinement in the Texas Department of Criminal Justice Correctional Institutions Division. The trial court certified that this is not a plea-bargain case, and the defendant has the right of appeal. See Tex. R. App. P. 25.2(d).

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On September 28, 2006, Ramos was given an extension of time in which to file a pro se brief. We received no response from the appellant.

As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741, 744 (Tex. Crim. App. 1994). The required admonishments appear in the record. See Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp. 2006). Ramos signed a judicial confession and in open court admitted to having committed the offense. He has not contested the voluntariness of his guilty plea.

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The trial court's judgment is affirmed. (1)

AFFIRMED.



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STEVE MCKEITHEN

Chief Justice



Submitted on January 9, 2007

Opinion Delivered January 17, 2007

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.

1. Appellant may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68.