No. 13-06-00535-CR
Opinion delivered and filed August 26, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On appeal from the County Court at Law of Kleberg County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.
Justice YAÑEZ.
A jury found appellant, Rebecca Jean Cann, guilty of the misdemeanor offense of driving while intoxicated. The trial court assessed a sentence of 180 days' confinement, suspended the sentence, placed appellant on community supervision for eighteen months, and imposed a fine of $500.00 fine and court costs. Appellant's appellate counsel, concluding that "there are no grounds upon which an appeal can be predicated," filed an Anders brief, in which he reviewed the merits, or lack thereof, of the appeal. We affirm.
I. DISCUSSION
Pursuant to Anders v. California, appellant's court-appointed appellate counsel has filed a brief with this Court, stating that his review of the record yielded no grounds or error upon which an appeal can be predicated. Although counsel's brief does not advance any arguable grounds of error, it does present a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced on appeal. In compliance with High v. State, appellant's counsel has carefully discussed why, under controlling authority, there are no errors in the trial court's judgment. Counsel has informed this Court that he has: (1) examined the record and found no arguable grounds to advance on appeal, (2) served a copy of the brief and counsel's motion to withdraw on appellant, and (3) informed appellant of her right to review the record and to file a pro se response. Appellant has filed a pro se response. II. INDEPENDENT REVIEW
Upon receiving an Anders brief, we must conduct a full examination of all the proceedings to determine whether the case is wholly frivolous. We have reviewed the entire record, counsel's brief, and appellant's pro se brief, and have found nothing that would arguably support an appeal. Accordingly, we affirm the judgment of the trial court. III. MOTION TO WITHDRAW
In accordance with Anders, appellant's attorney has asked this Court for permission to withdraw as counsel for appellant. We grant counsel's motion to withdraw. Within five days of the date of this Court's opinion, counsel is ordered to send a copy of the opinion and judgment to appellant and to advise appellant of his right to file a petition for discretionary review.