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Troxclair v. State

Court of Appeals of Texas, First District, Houston
Jul 12, 2007
No. 01-06-00978-CR (Tex. App. Jul. 12, 2007)

Opinion

No. 01-06-00978-CR

Opinion issued July 12, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 179th District Court Harris County, Texas, Trial Court Cause No. 1034016.

Panel consists of Justices NUCHIA, HANKS, and BLAND.


MEMORANDUM OPINION


Appellant, Paul Vincent Troxclair, pleaded guilty to the felony offense of possession of child pornography without an agreed recommendation with the State. After a pre-sentence investigation hearing, the trial court assessed punishment at confinement for 10 years and assessed a fine of $10,000. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). Counsel represents that he 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. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is without merit. We therefore affirm the judgment of the trial court. We grant counsel's motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex.App.-Houston [1st Dist.] 2000, no pet.).

Counsel has a duty to inform appellant of the result of his appeal and also to inform him that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).


Summaries of

Troxclair v. State

Court of Appeals of Texas, First District, Houston
Jul 12, 2007
No. 01-06-00978-CR (Tex. App. Jul. 12, 2007)
Case details for

Troxclair v. State

Case Details

Full title:PAUL VINCENT TROXCLAIR, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 12, 2007

Citations

No. 01-06-00978-CR (Tex. App. Jul. 12, 2007)