Opinion
No. 01-09-00499-CR
Opinion issued December 17, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 179th District Court Harris County, Texas, Trial Court Cause No. 1046052.
Panel consists of Justices KEYES, ALCALA, and HANKS.
MEMORANDUM OPINION
Appellant, Luis Alonso Perez, pleaded guilty to the offense of aggravated assault on a family member and, the trial court deferred adjudication of guilt, placed appellant on community supervision for five years. The State subsequently filed a motion to adjudicate guilt that was not acted on. The State then filed a first amended motion adjudicate to which appellant pleaded true. After a hearing, the trial court found to be true the State's allegations that appellant had violated the conditions of his community supervision. The court found appellant guilty of the original charge, and sentenced him to confinement for seven years. Appellant filed a pro se notice of appeal. 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 her 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 Leah M. Borg 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. We affirm the judgment of the trial 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, 178 S.W.3d at 826-27 (Tex. Crim. App. 2005).