Opinion
No. 01-07-00962-CR
Opinion issued March 12, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 339th District Court, Harris County, Texas, Trial Court Cause No. 1049300.
Panel consists of Chief Justice RADACK, and Justices ALCALA and HANKS.
MEMORANDUM OPINION
Appellant, Joshuah Allen McCluskey, was convicted by a jury of the offense of burglary of a building. Appellant elected the jury to assess punishment and appellant was sentenced to confinement in the State Jail Division of the Texas Department of Criminal Justice for 631 days. We affirm. Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal 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 record and detailing why there are no arguable grounds for reversal. 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 record 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 appeal is 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 judgment of the trial court and grant counsel's motion to withdraw. Attorney Ernest Davila 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.
Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005).