Opinion
No. 01-09-00330-CR
Opinion issued November 19, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(B).
On Appeal from the Criminal District Court Jefferson County, Texas, Trial Court Cause No. 08-04640.
Panel consists of Justices JENNINGS, HIGLEY and SHARP.
MEMORANDUM OPINION
Appellant, David Ellis McDaniel, was convicted by a jury of the offense of burglary of a habitation, and the trial court assessed punishment at confinement for nine years and a $1000.00 fine. 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 Bruce A. Hoffer 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 09-9049, (Tex. April 17, 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).