Opinion
No. 06-09-00210-CR
Date Submitted: March 30, 2010.
Date Decided: March 31, 2010. DO NOT PUBLISH.
On Appeal from the 71st Judicial District Court, Harrison County, Texas, Trial Court No. 09-0258X.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Robert James Edwards has appealed from his conviction, on an open plea of guilty, for the offense of theft, with two prior convictions for theft, a state jail felony. The trial court sentenced him, following a hearing at which Edwards testified, to twenty-two months' confinement in a state jail facility. He was represented by appointed counsel at trial and on appeal. Edwards' attorney has filed a brief which discusses the record and reviews the proceedings, and has discussed one possible, but after analysis, ultimately unavailing, issue. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). Counsel mailed a copy of the brief to Edwards on January 14, 2010, informing Edwards of his right to file a pro se response and of his right to review the record. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. Edwards has neither filed a pro se response, nor has he requested an extension of time in which to file such 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). In a frivolous appeal situation, we are to determine whether the appeal is without merit and is frivolous, and if so, the appeal must be dismissed or affirmed. See Anders, 386 U.S. 738. 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 Edwards in this case. No substitute counsel will be appointed. Should Edwards wish to seek further review of this case by the Texas Court of Criminal Appeals, Edwards must either retain an attorney to file a petition for discretionary review or Edwards 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.