Opinion
No. 05-03-01258-CR
Opinion Filed January 9, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F00-70950-TJ. Affirmed.
Before Justices O'NEILL, FITZGERALD, and LANG.
MEMORANDUM OPINION
Antwain Dion Hall pleaded guilty to sexual assault of a child. The trial court deferred adjudicating guilt, placed appellant on five years' community supervision, and assessed a $1000 fine. The State later moved to adjudicate guilt, alleging appellant violated numerous conditions of his community supervision. Following a hearing, the trial judge adjudicated appellant guilty and assessed punishment at fifteen years' imprisonment. Appellant's attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response, but appellant did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's judgment.
The trial court's rule 25.2(d) certification states both that the case does not involve a plea bargain and appellant has the right to appeal and "deferred no right to appeal." We will presume that the notation regarding the deferred adjudication refers to the statutory limitations on what may be raised in an appeal following adjudication of guilt. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5(b) (Vernon Supp. 2005).