                                                                                          ACCEPTED
                                                                                        061500047CR
                                                                           SIXTH COURT OF APPEALS
                                                                                 TEXARKANA, TEXAS
                                                                                7/22/2015 11:12:01 AM
                                                                                     DEBBIE AUTREY
                                                                                               CLERK

                              NO. 06-15-00047-CR
  __________________________________________________________________________
                                                                   FILED IN
                         IN THE COURT OF APPEALS            6th COURT OF APPEALS
                                                              TEXARKANA, TEXAS
                                  FOR THE                   7/22/2015 11:12:01 AM
                         SIXTH APPELLATE DISTRICT                DEBBIE AUTREY
                                                                     Clerk
                           AT TEXARKANA, TEXAS
 ___________________________________________________________________________
                     MILTON EDWARD GRIGGS APELLANT
                                      V.
                       THE STATE OF TEXAS, APPELLEE
 ___________________________________________________________________________
                    APPEAL IN CAUSE NUMBER CR1401075
                      IN THE COUNTY COURT AT LAW #1
                          OF HUNT COUNTY, TEXAS
                    JUDGE TIMOTHY S. LINDEN PRESIDIING
  __________________________________________________________________________




                                                      APPELLE
                                                      PETER GIESEKING
                                                      Assistant County Attorney
                                                      Hunt County, Texas
                                                      Bar Number # 24081640
                                                      Hunt County Court House
                                                      P.O. Box 1097
                                                      Greenville, TX 75403
                                                      (903) 408-4112




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                                                 TABLE OF CONTENTS


SECTION                                                                                                                        PAGE

TABLE OF CONTENTS ..................................................................................................... i

STATEMENT OF FACTS .................................................................................................1

ARGUMENT .......................................................................................................................1

           A.         That State agrees with the Appellant in that there is not
                      sufficient evidence to suggest ineffective assistance of
                      counsel. There is sufficient evidence on record that
                      Defendant was aware he was pleading guilty to Class A
                      Failure to ID.. ...............................................................................................1


PRAYER ..............................................................................................................................3

CERTIFICATE OF WORD COUNT ..................................................................................4

CERTIFICATE OF SERVICE ............................................................................................5




______________________________________________________________________________
                             STATEMENT OF FACTS

      The State has reviewed the Appellant’s Anders brief’s Statement of Facts

and agree with the facts set forth in their brief.



                                     ARGUMENT

      After reviewing Appellant’s Anders brief the State agrees that there is not

sufficient evidence to show ineffective assistance of counsel. The trial attorney

negotiated a plea deal with the State having one of the cases dismissed. The record

shows trial attorney provided the court with mitigating evidence during the

hearing. (CR Vol. 1, p. 17-31). The Defendant under oath swears that he went over

the Waiver of Rights, Confessions, and Agreement with his trial attorney. (CR Vol.

1, p. 37). The trial attorney offers all of the mitigation evidence from the Motion to

Revoke hearing in Cause # CR1301005 to be considered in the Failure to ID Cause

# 1401075. (CR Vol. 1, p. 40). During punishment the State Attorney clearly states

that the case is a class A misdemeanor on the record and there is no response or

objection from the Defendant showing that he was unaware that it was indeed a

class A misdemeanor. (CR Vol. 1, p. 41). Taking all of these things into

consideration, The State agrees with Appellant’s Anders brief and there is not

sufficient evidence to show ineffective assistance of counsel.
______________________________________________________________________________
      After reviewing Appellant’s Pro Se brief, it appears the argument is the

Defendant’s lack of knowledge that the Defendant was pleading guilty to class A

misdemeanor but actually a class B misdemeanor. In reviewing the record there is

no evidence to show Defendant’s lack of understanding at the time of the plea. The

Defendant under oath swears that he went over the Waiver of Rights, Confessions,

and Agreement with his trial attorney. (CR Vol. 1, p. 37). During punishment the

State Attorney clearly states that the case is a class A misdemeanor on the record

and there is no response or objection from the Defendant showing that he was

unaware that it was indeed a class A misdemeanor. Additionally the State Attorney

asked for the maximum of 365 days in jail which elicited no response for the

Defendant. (CR Vol. 1, p. 41). The Defendant had ample opportunity at this point

to inform the court his lack of understanding of the plea deal. The fact that the

Defendant on the record stated he went over the agreement and all court documents

with the attorney before pleading guilty to the Failure to ID Cause # 1401075 and

the fact he did not objection or make any comments when the State on the record

stated it was indeed a class A misdemeanor and asked for 365 jail as punishment

goes to show that the Defendant knew or should have known he was pleading

guilty to a class A misdemeanor. Therefore there was no evidence to show

ineffective assistance of counsel in not informing the Defendant as to what he was

pleading to.
______________________________________________________________________________
                                  PRAYER

      WHEREFORE, the State respectfully prays this court affirm the judgment

and conviction herein.

                                    Respectfully submitted,




                                          _________/S/___Peter
                                    Gieseking_________

                                    PETER GIESEKING
                                    Assistant County Attorney of Hunt County
                                    State Bar Number – 24081640
                                    P.O. Box 1097
                                    Greenville, Texas 75403-324
                                    (903) 408-4112
                                    ATTORNEY FOR THE STATE




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CERTIFICATE OF COMPLIANCE OF TYPEFACE AND WORD COUNT

      In accordance with Texas Rules of Appellate Procedure 9.4 (e) and (i), the

undersigned attorney of record certifies that Appellant’s Brief contains 14 point

typeface of the body of the brief, 12 point typeface for footnotes in the brief and

contains 655 words.




                                            /s/ Peter Gieseking
                                            PETER GIESEKING




______________________________________________________________________________
                               CERTIFICATE OF SERVICE


         A true and correct copy of the foregoing State’s Response was served on
counsel for Appellant.


                                           ___/S/___Peter Gieseking________
                                           Peter Gieseking




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