Opinion
No. 01-09-00793-CR
Opinion issued August 5, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 183rd District Court, Harris County, Texas, Trial Court Case No. 1153389.
Panel consists of Justices KEYES, HANKS, and HIGLEY.
MEMORANDUM OPINION
Appellant, Jimmy Lee Fields, without an agreed punishment recommendation from the State, pleaded guilty to the offense of sexual assault of a child. The trial court ordered a presentence investigation and, after a punishment hearing, sentenced him to confinement for 10 years. We affirm. Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, the appeal is without merit and is frivolous, and 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 represents that she has served a copy of the brief on appellant and advised him 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. Having reviewed the record and counsel's 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 and grant counsel's motion to withdraw. Attorney Leah M. Borg must immediately send appellant the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.
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 Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).