Opinion
No. 01-08-00558-CR
Opinion issued April 1, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 411th District Court, Polk County, Texas, Trial Court Case No. 19899.
Panel consists of Justices JENNINGS, HIGLEY, and SHARP.
MEMORANDUM OPINION
Appellant, Andrew Lee Henderson, was convicted by a jury of the offense of possession of a controlled substance in a drug free zone. At the punishment hearing, appellant pleaded true to the enhancement paragraph alleged in the indictment. The trial court assessed punishment at confinement for 20 years. Appellant's counsel on appeal has filed a brief stating the record presents no reversible error, the appeal is without merit and is frivolous, and 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 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 and without merit and that there is 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 Tom Brown 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. We deny as moot any pending motions.
This appeal was was transferred to the this Court from the Ninth Court of Appeal pursuant to an order of the Texas Supreme Court. (Misc. Docket No. 08-9096).
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).