Opinion
No. 01-05-01018-CR
Opinion issued November 2, 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 DO NOT PUBLISH.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. 1034553.
Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.
MEMORANDUM OPINION
A jury found appellant, Tony Curtis Durden, guilty of the offense of aggravated assault, and the trial court, after appellant pleaded true to the allegations in two enhancement paragraphs that he had two prior sequential felony convictions, assessed his punishment at confinement for forty years. 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 delivered a copy of the brief to appellant and advised appellant of his right to file a pro se response. Appellant has filed a pro se brief, contending that "the evidence is legally and factually insufficient to support the trial court's finding that the second enhancement paragraph alleged in the indictment is `true.'" Having reviewed the record, counsel's brief, and appellant's pro se brief, we agree that the appeal is frivolous and without merit 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.
See Tex. Pen. Code Ann. § 22.02(a) (Vernon Supp. 2005).
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 Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex.Crim.App. 2005); Downs v. State, 137 S.W.3d 837, 842 n. 2 (Tex.App.-Houston [1st Dist.] 2004, pet. ref'd).