COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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CORY J. YOKUM, No. 08-11-00357-CR
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Appellant, Appeal from
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v. 90th District Court
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THE STATE OF TEXAS, of Young County, Texas
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Appellee. ' (TC # 09303)
MEMORANDUM OPINION
Cory J. Yokum appeals his conviction for indecency with a child by sexual contact. 1 See
TEX.PEN.CODE ANN. § 21.11(a)(1)(West 2011). Appellant pled guilty to the offense and was
sentenced to serve eight years in the Texas Department of Criminal Justice, Institutional Division
together with a $5,000 fine. Appellant’s court-appointed counsel has filed a motion to withdraw
as counsel along with a brief in which he has concluded that the appeal is wholly frivolous and
without merit. Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738, 87
S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967),
by presenting a professional evaluation of the record and demonstrating why, in effect, there are
no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978);
Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553
(Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). In his motion
1
This is a companion case to cause number 08-11-00356-CR. Appellant was charged by two separate indictments,
both alleging indecency with a child by sexual contact offenses under Texas Penal Code, section 21.11(a)(1). The
offenses alleged were against the same victim and occurred on or about the same date.
to withdraw, counsel avers that copies of his brief and motion have been delivered to Appellant,
and that Appellant has been advised of his right to file a pro se brief. No pro se brief has been
filed.
After thoroughly reviewing the record and counsel’s brief, we agree with counsel’s
professional assessment that the appeal is frivolous and without merit. The record reflects that
Appellant freely and voluntarily pled guilty to the offense. Not only did Appellant plead guilty
in open court, but a “Guilty Plea Memorandum,” which included a waiver of jury trial and a
stipulation of evidence, was signed by Appellant and entered into evidence. At the guilty plea
hearing, the trial court properly admonished Appellant, and defense counsel thoroughly
questioned him regarding his understanding about the nature and consequences of his plea.
Moreover, during Appellant’s punishment hearing testimony regarding the incident, he
reaffirmed his guilty plea and admitted each and every element of the offense.
Because there is nothing in the record that might arguably support the appeal, a further
discussion of the arguable grounds advanced in counsel’s brief would add nothing to the
jurisprudence of the state. Accordingly, we grant counsel’s motion to withdraw and affirm the
trial court’s judgment. See Garner v. State, 300 S.W .3d 763, 766 (Tex.Crim.App. 2009).
November 28, 2012 _______________________________________________
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Antcliff, JJ.
(Do Not Publish)
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