Opinion
No. 4-06-00183-CR
Delivered and Filed: November 15, 2006. DO NOT PUBLISH.
Appeal from the 216th Judicial District Court, Kerr County, Texas, Trial Court No. A03-391, Honorable Stephen B. Ables, Judge Presiding. Affirmed.
Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On May 19, 2004, appellant Joshua Thomas Crockett entered a plea of guilty to the offense of aggravated sexual assault alleged to have occurred on or about September 22, 2003. The trial court accepted the plea and deferred a finding of guilt placing Crockett on deferred adjudication probation for a term of ten years. On December 29, 2005, the State filed a motion to adjudicate order of deferred adjudication. A hearing was held on February 23, 2006 wherein Crockett entered a plea of true to seven violations of his probation, including: (1) living with a person convicted of a felony and person of disreputable or harmful character; (2) failure to notify his probation officer of his change of address; (3) failure to pay monthly supervisory fees; (4) failure to file a financial statement with the probation office; (5) failure to pay restitution for court appointed attorney fees; (6) failure to complete community service restitution; and (7) failure to pay court appointed crime stoppers fee. Crockett also entered a plea of not true to three allegations regarding violating his sex offender conditions. At the conclusion of the hearing, the trial court granted the State's motion to enter adjudication of guilt, found Appellant guilty of the offense, revoked his community supervision and sentenced Crockett to ten years confinement in the Institutional Division of the Texas Department of Criminal Justice. Crockett's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Crockett with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex.App.-San Antonio 1997, no writ); Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no writ). Crockett did not file a pro se brief. After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005) (noting court of appeals should not address merits of issues raised in Anders brief or pro se response but should only determine if the appeal is frivolous). The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n. 1.