No. 12-08-00363-CR
Opinion delivered July 31, 2009. DO NOT PUBLISH.
Appeal from the 241st Judicial District Court Smith County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
PER CURIAM.
Robert Ray Kassube appeals his conviction of evading arrest, for which he was sentenced to imprisonment for ten years. Appellant's counsel filed a brief in compliance with Anders v. California , 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State , 436 S.W.2d 137 (Tex. Crim. App. 1969). We dismiss the appeal.
BACKGROUND
Appellant was charged by indictment with evading arrest. The indictment further alleged that Appellant used a deadly weapon, "to wit: motor vehicle that in the manner and means of its use and intended use was capable of causing death and serious bodily injury." Appellant pleaded "guilty" as charged, and the matter proceeded to a trial on punishment. Ultimately, the trial court found Appellant "guilty" as charged and sentenced Appellant to imprisonment ten years. This appeal followed. ANALYSIS PURSUANT TO ANDERS V. CALIFORNIA
Appellant's counsel filed a brief in compliance with Anders v. California and Gainous v. State . Appellant's counsel states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in this case. In compliance with Anders , Gainous , and High v. State , 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), Appellant's brief presents a chronological summation of the procedural history of the case and further states that Appellant's counsel is unable to raise any arguable issues for appeal. We have likewise reviewed the record for reversible error and have found none. CONCLUSION
As required by Stafford v. State , 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant's counsel has moved for leave to withdraw. See also In re Schulman , 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for consideration with the merits. Having done so and finding no reversible error, Appellant's counsel's motion for leave to withdraw is hereby granted and the appeal is dismissed .