Opinion
No. 01-09-00341-CR
Opinion issued November 5, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 252nd District Court Jefferson County, Texas, Trial Court Cause No. 07-1975.
Panel consists of Chief Justice RADACK, and Justices BLAND and MASSENGALE.
MEMORANDUM OPINION
Appellant, Jeffrey Thomas Jordan, pleaded guilty to the offense of forgery with an agreed recommendation as to punishment from the State. After a pre-sentence investigation hearing, the trial court deferred a finding of guilt and placed appellant under the terms and conditions of community service for a period of five years and assessed a $500.00 fine. Subsequently, the State filed a motion to adjudicate appellant's guilt, alleging that appellant violated the terms of his community service by failing to perform his community service hours at the court-ordered rate; failing to pay the court-ordered fees and fine, and by failing to report as directed. Appellant pleaded true to counts 1, 2, and 3 of the State's motion to adjudicate. The trial court found the allegations true, found appellant guilty as originally charged, and sentenced appellant to confinement for 18 months. 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 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 David W. Barlow 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.
This appeal was originally filed in the Ninth Court of Appeals, but by Misc. Docket Order 09-9047(Tex. April 13, 2009) (not published) and administrative order of the Ninth Court of Appeals, Beaumont Texas the appeal was transferred to this Court. See Tex. Gov't Code Ann. § 73.001 (Vernon Supp. 2009) (giving the Texas Supreme Court authority to transfer cases from one court of appeals to another on good cause).
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).