Opinion
NO. 03-16-00207-CR
11-17-2016
Torrance Ray Evans, Jr., Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 74740, HONORABLE JOHN GAUNTT, JUDGE PRESIDINGMEMORANDUM OPINION
Appellant Torrance Ray Evans, Jr. appeals from his open plea of guilty to the felony offense of aggravated robbery. See Tex. Penal Code § 29.03. After a hearing, the trial court assessed punishment at 10 years' imprisonment. The trial court certified Evans's right of appeal.
Evans's court-appointed attorney has filed a motion to withdraw supported by a brief addressing this appeal and concluding that this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record in this cause demonstrating why there are no arguable appellate grounds to be advanced. See id.; see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553, 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Counsel sent a copy of the brief to Evans, advised him of his right to examine the appellate record in this cause and to file a pro se brief, and supplied Evans with a form motion for pro se access to the appellate record. See Anders, 386 U.S. at 744; Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Evans did not file a pro se brief and did not request an extension of time to do so.
We have reviewed the record in this cause and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that this appeal is frivolous. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Goodwin and Bourland Affirmed Filed: November 17, 2016 Do Not Publish