No. 13-08-00356-CR
Opinion delivered and filed August 20, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On appeal from the 319th District Court of Nueces County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and BENAVIDES.
Opinion by Justice YAÑEZ.
Pursuant to a plea agreement, appellant, Doniel Miller, pleaded guilty in 1998 to the first-degree felony offense of aggravated sexual assault of a child. The trial court deferred adjudication and placed appellant on community supervision for ten years. The State filed several motions to revoke, but appellant remained on community supervision until 2008. In April 2008, the State filed a motion to revoke, alleging several violations of the terms of his community supervision. Appellant pleaded "true" to some of the violations, and "not true" to others. Following a hearing, the trial court adjudicated him guilty and sentenced him to twenty years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice. Appellant appeals the revocation of his community supervision. Appellant's appellate counsel, concluding that "her review and investigation have revealed no error to bring to this Court's attention," filed an Anders brief, in which she reviewed the merits, or lack thereof, of the appeal. We affirm.
We note that the record contains the trial court's certification, which states that this case "is not a plea-bargain case, and the defendant has the right of appeal." See Tex. R. App. P. 25.2 (a)(2).
I. Discussion
Pursuant to Anders v. California, appellant's court-appointed appellate counsel has filed a brief with this Court, stating that her review of the record yielded no grounds or error upon which an appeal can be predicated. Although counsel's brief does not advance any arguable grounds of error, it does present a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced on appeal. In compliance with High v. State, appellant's counsel has carefully discussed why, under controlling authority, there are no errors in the trial court's judgment. Counsel has informed this Court that she has: (1) examined the record and found no arguable grounds to advance on appeal, (2) served a copy of the brief and counsel's motion to withdraw on appellant, and (3) informed appellant of his right to review the record and to file a pro se response. More than an adequate period of time has passed, and appellant has not filed a pro se response. II. Independent Review
Upon receiving an Anders brief, we must conduct a full examination of all the proceedings to determine whether the case is wholly frivolous. We have reviewed the entire record and counsel's brief and have found nothing that would arguably support an appeal. Accordingly, we affirm the judgment of the trial court. III. Motion to Withdraw
In accordance with Anders, appellant's attorney has asked this Court for permission to withdraw as counsel for appellant. We grant counsel's motion to withdraw. Within five days of the date of this Court's opinion, counsel is ordered to send a copy of the opinion and judgment to appellant and to advise appellant of his right to file a petition for discretionary review.