Junius v. State

Full title: CODY LEMONT ST. JUNIUS, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, First District, Houston

Date published: Aug 6, 2009

No. 01-09-00053-CR (Tex. App. Aug. 6, 2009)

Opinion

No. 01-09-00053-CR

Opinion issued August 6, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 182nd District Court, Harris County, Texas, Trial Court Cause No. 1120921.

Panel consists of Chief Justice RADACK and Justices SHARP and TAFT.²

2 The Honorable Tim Taft, retired justice, Court of Appeals for the First Districtof Texas, participating by assignment.

MEMORANDUM OPINION

PER CURIAM.

Appellant, Cody Lemont St. Junius, pleaded guilty, without an agreed recommendation as to punishment with the State, to the offense of murder. Before assessing punishment, the trial court ordered a pre-sentence investigation report and rescheduled the case for a hearing. Following a pre-sentence investigation hearing, the trial court sentenced appellant to confinement for 30 years. 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 she 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 judgments of the trial court and grant counsel's motion to withdraw.¹ Attorney Frances M. Northcutt 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.

1 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).