No. 06-08-00132-CR
Date Submitted: January 28, 2009.
Date Decided: January 30, 2009. DO NOT PUBLISH.
On Appeal from the 124th Judicial District Court Gregg County, Texas, Trial Court No. 35047-B.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
JOSH R. MORRISS, III, Chief Justice.
MEMORANDUM OPINION
Jessie William Caldwell appeals from his conviction on his open plea of guilty to the state jail felony offense of theft over $1,500.00, less than $20,000.00. See Tex. Penal Code Ann. § 31.03(e)(4)(A) (Vernon Supp. 2008). The trial court sentenced Caldwell to twelve months' confinement and ordered restitution of $2,639.88. Caldwell was represented by different, appointed, counsel at trial and on appeal. Caldwell'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 Caldwell on November 24, 2008, informing Caldwell of his 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. No pro se response, nor extension of time in which to file such a response, has been filed. 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.