Opinion
No. 01-05-00150-CR
Opinion issued January 27, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 338th District Court, Harris County, Texas, Trial Court Cause No. 986328.
Panel consists of Justices TAFT, HIGLEY, and BLAND.
MEMORANDUM OPINION
Appellant, Darrell Dewayne Johnson, was charged by indictment with the felony offense of robbery that was enhanced with a prior felony conviction. Appellant pleaded guilty to the indictment and pleaded true to the enhancement paragraph and in accordance with his plea bargain agreement the trial court assessed punishment at confinement for 20 years. We affirm. Appellant's court-appointed counsel filed a brief concluding that the appeal is wholly frivolous and without merit. The 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 and demonstrating why there are no arguable grounds of error to be advanced. 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). The brief states that a copy was delivered to appellant, whom counsel advised by letter 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 wholly frivolous. We affirm the judgment of the trial court. Any pending motions are denied as moot.
Appellant initially entered a plea of not guilty to the indictment. After jury selection began appellant waived his right to a jury trial. Appellant pleaded guilty to the court and in accordance with his plea bargain agreement with the State the trial court sentenced him to confinement for 20 years.
Despite having waived the right to appeal, appellant filed a pro se notice of appeal. The trial court's certification of appellant's right of appeal states that appellant waived the right of appeal. There is nothing in the record indicating that appellant's waiver of his right to appeal was not voluntarily, knowingly, and intelligently made. There is also nothing indicating that the trial court gave his consent for an appeal. In fact, the contrary is true. The trial court's judgment is stamped, "Appeal waived. No permission to appeal granted."
Counsel has a duty to inform appellant of the result of this appeal and also to inform appellant 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).