Opinion
Nos. 01-04-01009-CR, 01-04-01010-CR
Opinion issued March 31, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 174th District Court, Harris County, Texas, Trial Court Cause Nos. 903161 and 903162.
Panel consists of Justices NUCHIA, JENNINGS and ALCALA.
MEMORANDUM OPINION
Appellant, Norris Goynes, pleaded guilty to the offenses of sexual assault of a child and aggravated sexual assault of child without a plea bargain agreement, and the trial court assessed punishment at 40 years' confinement in each case. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds of error to be advanced. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). The brief states that a copy was delivered to appellant, whom counsel advised by letter 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. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is wholly frivolous.
We affirm the judgment of the trial court.We grant counsel's motion to withdraw.See Stephensv. State, 35 S.W.3d 770, 771 (Tex.App.-Houston [1st Dist.] 2000, no pet.).
Counsel has a duty to inform appellant of the result of his appeal and also to inform him that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).