Opinion
No. 10-01-240-CR.
Opinion delivered and Filed March 19, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
From the 278th District Court, Walker County, Texas, Trial Court # 20,483-C.
Before Chief Justice DAVIS, Justice VANCE, and Senior Justice HILL.
OPINION
A jury convicted Alvin L. Andrews of the offense of possession of a deadly weapon in a penal institution and assessed his punishment at 25 years in the Texas Department of Criminal Justice, Institutional Division. Andrews's appellate counsel has filed a motion to withdraw from representation of Andrews and has filed a supporting Anders brief. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). Our record reflects that counsel has provided Andrews with a copy of the brief, has informed him of the right to review the record, has provided him with a copy of the record, and informed him of his right to file a brief or other response on his own. More than thirty days have passed since the brief was filed and Andrews was notified of those rights, but he has filed no response. See Sowels v. State, 45 S.W.3d 690, 691 (Tex.App.-Waco 2001, no pet.). Counsel considers the trial court's actions with respect to Andrews's representation by counsel at trial and his right to proceed pro se; the sufficiency of the evidence; Andrews's removal from the courtroom for misconduct; errors in the judgment; the indictment; the effectiveness of trial counsel; the court's charge; and proof of enhancements. Counsel's brief contains references to both the record and applicable statutes, rules and cases and discusses why counsel concludes that the record does not present an arguable issue. See Currie v. State, 516 S.W.2d 684, 684 (Tex.Crim.App. 1974) (brief contains a professional evaluation of the record demonstrating why, in effect, there are no arguable issues to be advanced). We are satisfied that counsel has diligently searched the record for any arguable issue. McCoy v. Court of Appeals of Wisconsin Dist. 1, 486 U.S. 429, 442, 108 S.Ct. 1895, 1904, 100 L.Ed.2d 440 (1988). We have independently reviewed the record to search for any issues "which might arguably support an appeal." Sowels, 45 S.W.3d at 691-92. Because we have determined that there are no issues "which might arguably support an appeal," we affirm the judgment. Inasmuch as this court does not have authority to permit appointed counsel to withdraw, we dismiss counsel's motion to withdraw. Id. at 692. Affirmed