CAUSE NOS. 07-13-00234-CR; 07-13-00235-CR; 07-13-00236-CR;
07-13-0023 7-CR; 07-13-00238-CR; AND 07-13-00239-CR
IN THE SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
December 27, 2013
AARON EDWARD BELL
Appellant,
vs.
THE STATE OF TEXAS,
Appellee.
APPEALING THE JUDGMENTS AND SENTENCES IN CAUSE NUMBERS
1288725D, 1288726D, 1288727D AND 1288728D, 1290870D, AND 1290871D IN THE
372Nn DISTRICT COURT FOR TARRANT COUNTY, TEXAS, HON. SCOTT
WISCH, JUDGE PRESIDING.
APPELLANT'S ORIGINAL BRIEF
(Certified Frivolous)
DAVID L. RICHARDS
Oral Argument is not requested SBN: 16845500
3001 West 5th Street, Ste. 800
FORT WORTH, TEXAS 76107
(817) 332-5567 (phone)
(817) 885-7688 (fax)
COUNSEL FOR APPELLANT
IDENTITY OF PARTIES AND COUNSEL
The Parties to the trial Aaron Edward Bell Defendant
Court' s judgment are:
Trial counsel were: Hon. G. Dewayne Huston Defense Counsel
100 East 15th Street, Ste. 620
Fort Worth, Texas 76102
The State of Texas Prosecution
Hon. Elizabeth Beach Tarrant County
Office of the Tarrant County District Attorney
401 W. Belknap Street
Fort Worth, Texas 76196
(817) 884-1400
Appellate counsel are: David Richards Appellant
3001Weat5th Street, Ste. 800
Fort Worth, Texas 76107
(817) 332-5567
Hon. Charles M. Mallin State of Texas
Tarrant County District Attorney's Office
Appellate Section
Address Above
TABLE OF CONTENTS
TABLE OF CONTENTS
Identi~ of Parties and Counsel .............................................. 1
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
Index of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
Statement of the Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Procedural History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Statement of Facts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Statement as to Why No Points are Presented on Appeal ......................... 4
COUNSEL ON APPEAL CERTIFIES THAT HE HAS CAREFULLY
REVIEWED THE TRIAL COURT RECORD, BUT CAN FIND NO
ARGUABLE ERROR. HE THEREFORE CERTIFIES THIS APPEAL AS
FRIVOLOUS AND HAS FORWARDED BOTH A COPY OF THE RECORD
AND A COPY OF THIS BRIEF TO APPELLANT.
Conclusion, Prayer and Certificate of Service ................................... 6
11
INDEX OF AUTHORITIES
Alejandro v. State,
493 S.W.2d 230, 231 (Tex. Crim. App. 1973) .......................................... .4
Anders v. California,
386 U.S. 738 (1967) ................................................................................... 5
Gutierrez v. State,
36 S.W.3d 509, 511 (Tex. Crim. App. 2001) ............................................ .4
McDuffv. State, 939 S.W.2d 607
(Tex. Crim. App.), cert. denied, 522 U.S. 844 (1997) .............................. .4
Sanchez v. State,
120 S. W 2d 359 (Tex. Crim. App. 2003) .. ....... .... ... .. ....... ... ..... ................ ..4
Stafford v. State,
813 S.W.2d 503 (Tex. Crim. App. 1991) ................................................... 5
Strickland v. Washington,
466 U.S. 668 (1984) ................................................................................... 4
lll
STATEMENT ON APPEAL
COUNSEL ON APPEAL CERTIFIES THAT HE HAS CAREFULLY
REVIEWED THE TRIAL COURT RECORD, BUT CAN FIND NO
ARGUABLE ERROR. HE THEREFORE CERTIFIES THESE APPEALS AS
FRIVOLOUS AND HAS FORWARDED BOTH A COPY OF THE RECORD
AND A COPY OF THIS BRIEF TO APPELLANT.
1
STATEMENT OF THE CASE
Appellant's full name is Aaron Edward Bell (hereinafter "Mr. Bell"). He is an inmate
of the Texas Department of Criminal Justice, Institutional Division and has been assigned
inmate No. 01861465, 2664 FM 2054, Tennessee Colony, Tx. 75886. Mr. Bell was
sentenced by the trial court to multiple concurrent sentences of fifty years ' and forty years'
confinement, following his pleas of guilty and "true" to the enhancement paragraphs, and
his conviction and subsequent sentencing hearings, in these cases of aggravated robbery,
jointly tried, on May 31, 2013. RR. Vol. II, p. 44-45.
STATEMENT AS TO THE WAIVER ORAL ARGUMENT
No argument is requested; however, should appellant request oral argument in
connection with an appellate brief he may file pro-se, counsel requests that the Court not
consider this waiver as a ground to overrule that request.
PROCEDURAL HISTORY
Appellant was convicted and sentenced in each case on May 13, 2013. RR. Vol. II, p.
44-45. Written Notice of Appeal was timely given on June 3, 2013. CR. Vol. 1, p. 48.
Following an extension granted by this Court, this brief is tendered on December 22, 2013.
2
STATEMENT OF FACTS
Mr. Bell admitted that he committed multiple aggravated robberies occurring in
Tarrant County in 2012. CR. Vol I, p. 5, RR. Vol. II, p. 43-44.
Further review of the facts is deferred to the "Discussion" section of this brief, below.
3
STATEMENT AS TO WHY NO POINTS ARE PRESENTED
COUNSEL ON APPEAL CERTIFIES THAT HE HAS CAREFULLY
REVIEWED THE TRIAL COURT RECORD, BUT CAN FIND NO
ARGUABLE ERROR. HE THEREFORE CERTIFIES THIS APPEAL AS
FRIVOLOUSANDHASFORWARDEDBOTHACOPYOFTHERECORD
AND A COPY OF THIS BRIEF TO APPELLANT.
DISCUSSION
The reflects that Mr. Bell, after being properly admonished of his rights by the trial
court, entered pleas of guilt and admitted each allegation contained the indictment in each
case. RR. Vol. II, p. 6; CR. I, P. 38-43. There evidence was therefore sufficient. See Sanchez
v. State, 120 S. W 2d 359 (Tex. Crim. App. 2003); McDuffv. State, 93_9 S.W.2d 607, 614 (Tex.
Crim. App.), cert. denied, 522 U.S. 844 (1977).
There was mitigating evidence offered by the defense at the sentencing hearing, and
that evidence was weighed by Judge Wisch prior to his determination of the sentences
assessed. RR. Vol. II, p. 12-29. The arguments were objection free, save for one instance in
which the trial court overruled an objection by the State. RR. Vol. II, p. 30-31.
All entences were below the maximum sentences of 99 years or life, and there was no
objection to the sentences on that ground. RR Vol. I-II, p. 44-45. Therefore there was no
error in that regard. See Gutierrez v. State, 36 S.W.3d 509, 511 (Tex. Crim. App. 2001).
Nothing in either defense counsel' s argument nor the prosecutor' s argument was
inappropriate or outside the areas of permissible argument. See Alejandro v. State, 493
S.W.2d 230, 231 (Tex. Crim. App. 1973).
Mr. Bell was represented by counsel at trial and nothing in the record indicates that
trial counsel rendered ineffective assistance. See Strickland v. Washington, 466 U.S. 668
(1984)(setting forth test for ineffective assistance). He zealously represented Mr. Bell and
made an effective argument prior to the trial court' s decisions. Id.
4
Wherefore, counsel requests that the Court accept this brief as one properly certified
frivolous, and allow counsel to withdraw from further representation on appeal. See Anders
v. California, 386 U.S. 738 (1967); Stajfordv. State, 813 S.W.2d 503, 511 (Tex. Crim. App.
1991 ). Contemporaneous with the filing of this brief counsel is drafting a letter to Mr. Bell
explaining his rights, including the filing of a pro-se brief, as well as a copy of the clerk' s
record and court reporter' s record. Counsel is also presenting a courtesy copy of this brief
to the trial court, with the note that Mr. Bell is in-custody and that appropriate
accommodations may become necessary should he decide to file a pro-se brief.
CONCLUSION AND PRAYER
For the reasons set forth above, appellant requests that Court accept this certified
frivolous brief, permit counsel to withdraw as attorney of record, and permit Mr. Bell, should
he so desire, to file a brief, pro-se, and for such other and further relief as he may show
himself entitled at law or in equity.
Respectfu ly submitted,
,~ L
DAVIJ.D L. RI