Opinion
NO. 03-12-00104-CR
03-06-2013
Edward Lamoyne King, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 10-1235-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING
MEMORANDUM OPINION
A jury found appellant Edward Lamoyne King guilty of aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02(a)(2) (West 2011). After finding that appellant had at least two previous felony convictions, the jury assessed punishment at thirty-five years' imprisonment. See id. § 12.42(d) (West 2011) (enhancing punishment to life or no less than twenty-five years' imprisonment for felony conviction where defendant has previously been convicted of two sequential felonies).
Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).
Appellant received a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We have not received a pro se brief from appellant.
We have conducted an independent review of the record, including appellate counsel's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.
Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.
______________________
Scott K. Field, Justice
Before Justices Puryear, Pemberton, and Field Affirmed Do Not Publish