Opinion
No. 01-08-00502-CR
Opinion issued November 5, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 184th District Court Harris County, Texas, Trial Court Cause No. 1167894.
Panel consists of Justices JENNINGS, HIGLEY and SHARP.
MEMORANDUM OPINION
A jury found appellant, Charles R. Edwards, guilty of the state jail felony offense of possession of a controlled substance, namely, cocaine, and, after finding true the allegation contained in an enhancement paragraph that he had previously been convicted of the felony offense of aggravated robbery, the jury assessed his punishment at confinement for three years. We affirm. Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978). Counsel represents that he has served a copy of the brief on appellant. Counsel has also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous, without merit, and contains no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We affirm the judgment of the trial court and grant counsel's motion to withdraw. Attorney David Suhler must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court. Any pending motions are denied as moot.
Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex. Crim. App. 2005).