Opinion
No. 10-04-00242-CR
Opinion Delivered and Filed April 27, 2005. DO NOT PUBLISH.
Appeal from the 9th District Court, Montgomery County, Texas, Trial Court # 02-08-05575CR. Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Evans was indicted for three counts of aggravated sexual assault of a child and one count of indecency with a child. He pled guilty to one count of aggravated assault and was placed on community supervision for a period of ten years. The State filed a motion to adjudicate guilt and revoke community supervision. A hearing was held on the motion, and Evans pled true to the alleged violations. The trial court found the violations were true, adjudicated Evans guilty, and sentenced him to thirty-five years' imprisonment. Evans's counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1976). We will affirm. The brief thoroughly reviews the indictment and statute under which Evans was charged, Evans's plea, the judgment, the punishment assessed, and the effectiveness of trial counsel. In the brief, counsel states that he has read and evaluated the entire record and "has concluded that there is no error that would justify reversal or a new trial in this case." See id. at 744. Evans was notified that he had the right to respond to counsel's motion and brief. See Sowels v. State, 45 S.W.3d 690, 693 (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). We determine there are none. The indictment invoked the district court's jurisdiction, and the court assessed punishment within the range of punishment for the offense. Accordingly, we affirm the judgment. Counsel must advise Evans of our decision and of his right to file a petition for discretionary review. See Sowels, 45 S.W.3d at 694.