Opinion
No. 01-08-00506-CR
Opinion issued May 14, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 262nd District Court Harris County, Texas, Trial Court Cause No. 1136511.
Panel consists of Justices TAFT, BLAND, and SHARP.
MEMORANDUM OPINION
Appellant, Geneva Foster, pleaded guilty without an agreed recommendation as to punishment with the State to the offense of injury to a child as alleged in the indictment, by failing to seek medical attention in a timely manner for her child and by failing to provide reasonable nourishment for the child. After a pre-sentencing investigation and an evidentiary hearing, the trial court assessed punishment at confinement for 20 years. We affirm. 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 represents that he has served a copy of the brief on appellant. Counsel also advised appellant 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 independently reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit, and the record presents 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 Allen Isbell must immediately send 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. Any pending motions are denied as moot.
Tex. Pen. Code Ann. § 22.04 (a) (b) (Vernon 2005).
Tex. Pen. Code Ann. § 22.04 (e) (Vernon 2005).
Appointed counsel still has a duty to inform appellant of the result of thisappeal and that he may, on his own, pursue discretionary review in the TexasCourt of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex.Crim.App. 2005).