Opinion
No. 01-08-00569-CR
Opinion issued August 31, 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 DO NOT PUBLISH.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. 92862.
Panel consists of Justices JENNINGS, ALCALA, and HIGLEY.
MEMORANDUM OPINION
Appellant, Casey Dee Joseph, pleaded guilty to the offense of assault on a public servant and true to the allegation in one enhancement paragraph that he had previously been convicted of a felony offense. The trial court deferred a finding of guilt and placed appellant on community supervision for five years. Subsequently, the State filed a motion to adjudicate guilt. On June 9, 2008, appellant pleaded true to the allegations in the State's motion to adjudicate guilt. He also signed a written stipulation of evidence, confessing to violating the terms and conditions of community supervision by failing to report by mail for February, March, April, May, and June, of 2006 and by failing to provide verification of employment. Following the hearing, the trial court found appellant guilty and assessed his punishment at confinement for 20 years. Appellant's counsel on appeal has filed a brief stating that the records present no reversible error, that the appeals are without merit and are frivolous, and that the appeals 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 appeals are 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 Douglas M. 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. Any pending motions are denied as moot.
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).