Opinion
No. 01-09-00219-CR
Opinion issued November 5, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 7th Judicial District Court Smith County, Texas, Trial Court Cause No. 007-1182-06.
Panel consists of Chief Justice RADACK, and Justices SHARP and MASSENGALE.
MEMORANDUM OPINION
Appellant, Billy Tadlock, pleaded guilty to the offense of injury to a child with an agreed recommendation as to punishment from the State. The trial court followed the agreed plea bargain, deferred a finding of guilt, and placed appellant under the terms and conditions of community service for a period of four years. Subsequently, the State filed a motion to adjudicate appellant's guilt, alleging that appellant violated the terms of his community service. After a hearing, the trial court found that appellant had violated the terms and conditions of his community service probation, found appellant guilty as originally charged, and assessed appellant's punishment at six years' confinement with a $5000 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 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 James W. Huggler 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.
This appeal was originally filed in the Twelfth Court of Appeals, but by Misc. Docket Order 08-9177, (Tex. December 15, 2008) (not published) and administrative order of the Twelfth Court of Appeals, Tyler, Texas entered in the Minute Book 23, Volume1, Page 251, 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).