Opinion
No. 03-08-00724-CR
Filed: October 15, 2009. DO NOT PUBLISH
Appealed from the District Court of Williamson County, 368th Judicial District, No. 08-226-K368, Honorable Burt Carnes, Judge Presiding.
Before Justices PATTERSON, PURYEAR and PEMBERTON.
MEMORANDUM OPINION
Appellant Ernesto Perez Gomez waived his right to trial by jury and pleaded guilty to leaving the scene of an accident resulting in death. See Tex. Transp. Code Ann. § 550.021 (West Supp. 2008). There was no plea bargain, and the trial court assessed appellant's punishment at ten years' imprisonment. Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant received a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.