Opinion
NO. 03-15-00075-CR
04-21-2016
John Lynn Kolster, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 391ST JUDICIAL DISTRICT
NO. D-14-0523-SB, HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDINGMEMORANDUM OPINION
A jury found John Lynn Kolster guilty of assault with family violence and assessed a sentence of seven years in prison. Kolster's court-appointed appellate attorney filed a motion to withdraw supported by a brief concluding that this 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 386 U.S. 738, 744 (1967); see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978). Kolster's counsel stated that he sent a copy of the brief to Kolster and advised him of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. More than thirty days have passed since the notice was sent to Kolster and we have not received a pro se brief or a motion for extension of time to file a brief.
We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009). We agree with counsel that this appeal is frivolous, affirm the judgment of conviction, and grant counsel's motion to withdraw.
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Bourland Affirmed Filed: April 21, 2016 Do Not Publish