Opinion filed September 16, 2010

In The

Eleventh Court of Appeals 

__________

No. 11-10-00089-CR

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MICHAEL LEE MUNOZ, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 118th District Court

Howard County, Texas

Trial Court Cause No. 12831

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

The trial court convicted Michael Lee Munoz, upon his plea of guilty, of robbery. 

Appellant rejected the State’s plea bargain offer of confinement for fourteen years. The trial 

court found both enhancement allegations to be true and assessed punishment at confinement for 

twenty-five 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 briefed one potential point in which he contends that the trial court erred in 

allowing Big Spring Police Officer Travis Boyd Simmons to testify at the punishment phase that 
2

appellant had said that he was hooked on crack and was trying to get some crack. Counsel points 

out that a proper objection was not made, that the testimony was proper, and that the same 

evidence was admitted subsequently without objection. We agree with counsel’s assessment and 

overrule the potential point.

Counsel has provided appellant with a copy of the brief and advised appellant of his right 

to review the record and file a response to counsel’s brief. A response has been filed. Courtappointed 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.—Eastland 2005, no pet.).

In his response, appellant argues that the evidence is both legally and factually 

insufficient. The Texas Court of Criminal Appeals stated in Bledsoe v. State, 178 S.W.3d 824, 

826-27 (Tex. Crim. App. 2005), that the court of appeals is to review appellant’s pro se claims 

and examine the record in order to determine whether the record reflects no reversible error and 

the appeal should be dismissed or whether arguable grounds exist and new counsel should be 

appointed. We have complied with the requirements in Bledsoe and have found no reversible 

error.

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 he 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 he may file a petition for discretionary review pursuant to TEX. R.

APP. P. 66. Black v. State, 217 S.W.3d 687 (Tex. App.—Eastland 2007, no pet.). 

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

PER CURIAM

September 16, 2010

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.