Opinion
No. 10-03-00048-CR
Opinion delivered and filed July 28, 2004. DO NOT PUBLISH.
Appeal from the 248th District Court, Harris County, Texas Trial Court # 855,676. Affirmed.
Ronald C. Nicholas, Attorney at Law, Houston, TX, for appellant/relator. William J. Delmore, III, Harris County Asst. District Attorney, Houston, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
This appeal concerns a conviction for aggravated sexual assault of a child. The trial court adjudicated Appellant's guilt, revoked his deferred-adjudication community supervision, and sentenced Appellant to thirty years' imprisonment. We will affirm. Appellant's appointed appellate counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738 (1967). Appellant's counsel served the brief on Appellant. See id. at 744. The brief, which counsel filed in April 2003, includes a "Statement to Appellant," which notifies Appellant of his right to review the record and to file a brief. See id.; Ayala v. State, 633 S.W.2d 526, 527 (Tex.Crim.App. 1982). Appellant has not filed a brief. The State has waived response. See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App.-Waco 2001, no pet.). We have conducted an independent review of the record to discover whether there are arguable grounds for appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991); see also Anders at 744. We determine that there are none. The indictment and motion to adjudicate invoked the district court's jurisdiction. Appellant cannot appeal the court's decision to adjudicate guilt. See TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5(b) (Vernon Supp. 2004); Kirtley v. State, 56 S.W.3d 48, 51 (Tex.Crim.App. 2001). Appellant pleaded true to the motion to adjudicate. See Cole v. State, 578 S.W.2d 127 (Tex.Crim.App. [Panel Op.] 1979). The court assessed punishment within the statutory range of punishment for the offense. The record does not show the reasons for trial counsel's conduct, and we see no conduct that could not have constituted legitimate trial strategy. See Massaro v. United States, 538 U.S. 500, 504-05 (2003) ; Murphy v. State, 112 S.W.3d 592, 601 (Tex.Crim.App. 2003), cert. denied, 124 S.Ct. 1660 (2004). Accordingly, we affirm the judgment. Counsel must advise Appellant of our decision and of his right to file a petition for discretionary review. See Sowels at 694.