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Brian Alexander Vega v. the State of Texas

Citation: Not availableDocket: 13-22-00037-CR

Court: Court of Appeals of Texas; August 25, 2022; Texas; State Appellate Court

Original Court Document: View Document

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Brian Alexander Vega pleaded guilty to burglary of a habitation with intent to commit theft and received ten years of deferred adjudication community supervision from the 264th District Court of Bell County, Texas. The State of Texas later filed a motion to adjudicate guilt, to which Vega pleaded true to all allegations. Following a hearing, the trial court adjudicated Vega guilty and sentenced him to eight years in the Texas Department of Criminal Justice. 

Vega's court-appointed counsel submitted an Anders brief, indicating no arguable grounds for appeal and complying with procedural requirements by providing a professional evaluation of the case. The brief included references to the record and relevant legal authority, affirming the lack of reversible error in the trial court's judgment. The case was transferred to the Thirteenth Court of Appeals from the Third Court of Appeals as part of a docket-equalization order. Vega did not file a pro se response or seek access to the appellate record. 

After an independent review of the record and the Anders brief, the court found no issues that could support an appeal, affirming the trial court's decision and fulfilling the requirements of Texas Rule of Appellate Procedure 47.1.

Appellant's counsel has requested permission to withdraw, which the Court grants in accordance with Anders v. California. Counsel is required to send a copy of the Court’s opinion and judgment to the appellant within five days, informing him of his right to file a petition for discretionary review. The trial court's judgment is affirmed, and no substitute counsel will be appointed. The appellant may seek further review by either retaining an attorney or filing a pro se petition for discretionary review within thirty days from the opinion's date or the last timely motion for rehearing or en banc reconsideration. Such petitions must be filed with the Clerk of the Texas Court of Criminal Appeals and comply with Texas Rule of Appellate Procedure 68.4. The opinion is not to be published.