Earnest Ray Lemons v. State
Earnest Ray Lemons v. State
Opinion
Earnest Ray Lemons entered a non-negotiated no contest plea to an indictment for the third degree felony offense of failure to register as a sex offender. See Tex. Code Crim. Proc. Ann. § 62.102 (b)(2) (Vernon Supp. 2005) (formerly Article 62.10 (b)(2)) (1). Lemons pled true to habitual offender enhancement allegations. Tex. Pen. Code Ann. § 12.42(d) (Vernon Supp. 2005). The trial court convicted and sentenced Lemons to twenty-five 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 February 9, 2006, Lemons 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). The required admonishments appear in the record. See Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp. 2005). Lemons signed a stipulation of evidence and admitted his guilt in open court. He does not contest the voluntariness of his plea of no contest.
We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The trial court's judgment is affirmed. (2)
AFFIRMED.
____________________________
STEVE McKEITHEN
Chief Justice
Submitted on May 22, 2006
Opinion Delivered May 31, 2006
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ. 1. 2.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.