Opinion
No. 01-00-01338-CR.
Opinion Issued March 27, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
Appeal from the 208th District Court, Harris County, Texas, Trial Court Cause No. 778992.
Before Chief Justice RADACK, and Justices NUCHIA and HANKS.
MEMORANDUM OPINION
Appellant, Aurelio Fernandez, was indicted for capital murder. He pleaded guilty to the lesser included offense of aggravated robbery without a plea agreement. The trial court assessed punishment at confinement for 45 years. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds of error to be advanced. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). The brief states that a copy was delivered to appellant, whom counsel advised by letter 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). No pro se brief has been filed. We granted two extensions of time for filing the pro se brief. We denied the most recent motion that was filed on February 27, 2003. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is wholly frivolous. We affirm the judgment. We grant counsel's motion to withdraw from the case. See Stephens v. State, 35 S.W.3d 770, 771 (Tex.App.-Houston [1st Dist.] 2000, no pet.).
Counsel still has a duty to inform appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim. App. 1997).