Opinion
No. 06-08-00221-CR
Date Submitted: April 22, 2009.
Date Decided: April 23, 2009. DO NOT PUBLISH.
On Appeal from the 71st Judicial District Court, Harrison County, Texas, Trial Court No. 07-0419X.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Brandy Ann Bussey appeals from her conviction by a jury on her plea of guilty to the offense of endangering a child. See Tex. Penal Code Ann. § 22.041 (Vernon Supp. 2008). The jury assessed her punishment at two years' confinement in a state-jail facility. See Tex. Penal Code Ann. § 12.35(a) (Vernon Supp. 2008). Bussey was represented by appointed counsel at trial and on appeal. Bussey's attorney has filed a brief in which he concludes that the appeal is frivolous and without merit, after a review of the record and the related law. Counsel states that he has studied the record and finds no error preserved for appeal that could be successfully argued. The brief contains a professional evaluation of the record and advances one arguable ground for review. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Crim.App. 1991); and High v. State, 573 S.W.2d 807 (Tex.Crim.App. [Panel Op.] 1978). Counsel mailed a copy of the brief to Bussey February 17, 2009, informing her of her right to examine the entire appellate record and to file a pro se response. Counsel simultaneously filed a motion with this Court seeking to withdraw as counsel in this appeal. Bussey has not filed a response or a request for an extension of time in which to file such a response. We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). We affirm the judgment of the trial court.
Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel's request to withdraw from further representation of Bussey in this case. No substitute counsel will be appointed. Should Bussey wish to seek further review of this case by the Texas Court of Criminal Appeals, Bussey must either retain an attorney to file a petition for discretionary review or Bussey must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing that was overruled by this Court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed with this Court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest of the filings in this case. See Tex. R. App. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 68.4.