Opinion
NO. 09-19-00380-CR
11-12-2020
JOSHUA ANDREW JONES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 9th District Court Montgomery County, Texas
Trial Cause No. 17-04-04991-CR
MEMORANDUM OPINION
A grand jury indicted Appellant Joshua Andrew Jones for the second-degree offense of online solicitation of a minor. See Tex. Penal Code Ann. § 33.021(c). Jones waived his right to a jury trial and pleaded guilty. The trial court accepted the plea, found Jones guilty, and assessed punishment at twenty years of confinement. Jones timely appealed.
On appeal, Jones's court-appointed attorney filed a brief stating that she has reviewed the case and, based on her professional evaluation of the record and applicable law, she concluded that the appeal lacks merit and that there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Jones to file a pro se brief, and Jones filed no response.
Upon receiving an Anders brief, we conduct a full examination of all the proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire record and counsel's brief, and we have found nothing that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) ("Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1."). Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.
Jones may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.
AFFIRMED.
/s/_________
LEANNE JOHNSON
Justice Submitted on November 2, 2020
Opinion Delivered November 12, 2020
Do Not Publish Before Kreger, Horton, and Johnson, JJ.