Opinion
Nos. 01-08-00316-CR, 01-08-00317-CR
Opinion issued June 18, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 405th District Court, Galveston County, Texas, Trial Court Cause Nos. 07CR0812 and 07CR0811.
Panel consists of Justices BLAND, SHARP, and TAFT.
MEMORANDUM OPINION
Appellant, Robert Ridge Lakey, pleaded guilty in cause number 07CR0811 to the offense of theft, and the trial court sentenced him to confinement for two years, suspended sentence, and placed him on community supervision for a period of five years. In trial court cause number 07CR0812, appellant pleaded guilty to the offense of assault on a public servant, and the trial court placed him on community supervision for a period of five years. Appellant's terms and conditions of community supervision included a provision that appellant commit no offense against the laws of the State of Texas or any other State, the United States, or any governmental entity. Subsequently, the State filed a motion to revoke appellant's community supervision in each case that alleged that appellant violated the terms and conditions of his community supervision by committing an offense against the laws of the State of Texas. The trial court conducted a hearing on the State's second amended motion to revoke community supervision in trial court cause number 07CR0811, and on the State's first amended motion to revoke community supervision in trial court cause number 07CR0812. In each motion it was alleged that appellant violated the terms and conditions of his Community Supervision by: On or about the 24th day of November, A.D. 2007, in Jefferson County, Texas, the said Defendant did then and there intentionally, knowingly, or recklessly cause serious bodily injury, and/or bodily injury to Leyton McElduff. In each case, the trial court found that appellant had violated the terms and conditions of his community supervision by committing an offense against the laws of the State of Texas: assault bodily injury. After a punishment hearing, the trial court sentenced appellant to confinement for two years in cause number 07CR0811, and to confinement for five years in cause number 07CR812. Appellant gave notice of appeal in each case. Appellant's counsel on appeal has filed a brief stating that the record, in each case, presents no reversible error, that the appeals are without merit and are frivolous, and that the appeals must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the records and detailing why there are no arguable grounds for reversal in these cases. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex.Crim.App. 1978). Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate records and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeals are frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). We affirm the judgments of the trial court and grant counsel's motion to withdraw. Attorney Tommy J. Stickler must immediately send the notice required by Texas Rule of Appellate Procedure 6.5 (c) and file a copy of that notice with the Clerk of this Court. Any pending motions are denied as moot.