Opinion
No. 08-15-00294-CR
05-25-2016
JERRY LEE HUTTO, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 97th District Court of Montague County, Texas (TC# 2014-0179M-CR) MEMORANDUM OPINION
Jerry Lee Hutto appeals his conviction of indecency with a child by sexual contact. Appellant waived his right to a jury trial and entered a negotiated plea of guilty to the lesser-included offense of indecency with a child by sexual contact. The trial court followed the plea bargain and assessed Appellant's punishment at imprisonment for a term of thirteen years. We affirm.
The indictment charged Appellant with continuous sexual abuse of a child. --------
FRIVOLOUS APPEAL
Appellant's court-appointed counsel has filed a brief in which she has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See In re Schulman, 252 S.W.3d 403, 407 n.9 (Tex.Crim.App. 2008)("In Texas, an Anders brief need not specifically advance 'arguable' points of error if counsel finds none, but it must provide record references to the facts and procedural history and set out pertinent legal authorities."); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the Court in writing that she has delivered a copy of counsel's brief and the motion to withdraw to Appellant, and she has advised Appellant of his right to review the record, file a pro se brief, and to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App. 2014)(setting forth duties of counsel). Counsel also provided Appellant with a copy of the clerk's record and reporter's record. Appellant has not filed a pro se brief.
We have carefully reviewed the record and counsel's brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment of the trial court is affirmed. May 25, 2016
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Hughes, JJ. (Do Not Publish)