Court of Civil Appeals of Texas, 2010

Trista Cherie DeLaCruz v. State of Texas

Trista Cherie DeLaCruz v. State of Texas
Court of Civil Appeals of Texas · Decided May 20, 2010

Trista Cherie DeLaCruz v. State of Texas

Opinion

 

 

Opinion filed May 20, 2010

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                  ___________

 

                                                           No. 11-09-00258-CR

                                           __________

 

                             TRISTA CHERIE DELACRUZ, Appellant

 

                                                             V.

 

                                        STATE OF TEXAS, Appellee

 

 

                                         On Appeal from the 266th District Court

 

                                                           Erath County, Texas

 

                                                 Trial Court Cause No. CR13057

 

 

                                            M E M O R A N D U M   O P I N I O N

The jury convicted Trista Cherie DeLaCruz of delivery of 4 or more grams but less than 200 grams of methamphetamine.  The jury assessed her punishment at confinement for seven years.  We dismiss.


Appellant=s court-appointed counsel has filed a motion to withdraw.  The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous.  Counsel has provided appellant with a copy of the brief and advised appellant of her right to review the record and file a response to counsel=s brief.  Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

Appellant requested and received numerous extensions of time in which to file her response.  On May 14, 2010, she filed in this court a letter stating that she would not be filing a response.

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit.  We note that counsel has the responsibility to advise appellant that she may file a petition for discretionary review by the Texas Court of Criminal Appeals.  Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006).  Likewise, this court advises appellant that she may file a petition for discretionary review pursuant to Tex. R. App. P. 66.  Black v. State217 S.W.3d 687 (Tex. App.CEastland 2007, no pet.).

The motion to withdraw is granted, and the appeal is dismissed.

 

 

PER CURIAM

 

May 20, 2010

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.