Court of Civil Appeals of Texas, 2005

Connie Cathey v. State

Connie Cathey v. State
Court of Civil Appeals of Texas · Decided August 10, 2005

Connie Cathey v. State

Opinion

In The


Court of Appeals


Ninth District of Texas at Beaumont



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NO. 09-04-531 CR

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CONNIE CATHEY, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 217th District Court

Angelina County, Texas

Trial Cause No. 23906




MEMORANDUM OPINION

Connie Cathey entered a non-negotiated guilty plea to an indictment for the state jail felony offense of endangering a child. See Tex. Pen. Code Ann. § 22.041(c),(f) (Vernon 2003). The trial court convicted and sentenced Cathey to fifteen months of confinement in a state jail facility. 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 March 31, 2005, Cathey 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 (Tex. Crim. App. 1994). It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 & Supp. 2005). Cathey signed a judicial confession and admitted her guilt in open court. She has not contested the voluntariness of her 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). Accordingly, we affirm the trial court's judgment.

AFFIRMED.

____________________________

STEVE MCKEITHEN

Chief Justice



Submitted on July 11, 2005

Opinion Delivered August 10, 2005

Do Not Publish



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

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