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Brothers v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jul 19, 2007
No. 11-07-00024-CR (Tex. App. Jul. 19, 2007)

Opinion

No. 11-07-00024-CR

Opinion filed July 19, 2007. DO NOT PUBLISH. See Tex. R. APP. P. 47.2(b).

On Appeal from the 266th District Court Erath County, Texas Trial Court Cause No. CR12450.

Panel consists of: Wright, C.J., McCall, J., and Strange, J.


OPINION


Bryan Michael Brothers entered a plea of guilty to the offense of sexual assault of a child under the age of seventeen. A plea bargain agreement was not reached. The trial court convicted appellant and assessed his confinement at ten years and a $5,000 fine. We affirm. Appellant's court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that she has concluded that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel's brief. A response has not been filed. Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel's brief. A response has not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Crim.App. 1991); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex.App.-Eastland 2005, no pet.). Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit. We note that counsel has the responsibility to advise appellant that he may file a petition for discretionary review by the Texas Court of Criminal Appeals. Ex parte Owens, 206 S.W.3d 670 (Tex.Crim.App. 2006). Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to TEX. R. APP. P. 66. Black v. State, 217 S.W.3d 687 (Tex.App.-Eastland 2007, no pet.). The motion to withdraw is granted, and the judgment is affirmed.


Summaries of

Brothers v. State

Court of Appeals of Texas, Eleventh District, Eastland
Jul 19, 2007
No. 11-07-00024-CR (Tex. App. Jul. 19, 2007)
Case details for

Brothers v. State

Case Details

Full title:BRYAN MICHAEL BROTHERS, Appellant v. STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eleventh District, Eastland

Date published: Jul 19, 2007

Citations

No. 11-07-00024-CR (Tex. App. Jul. 19, 2007)