Opinion
Nos. 01-04-00087-CR, 01-04-00088-CR
Opinion issued October 7, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 174th District Court, Harris County, Texas, Trial Court Cause Nos. 932949 and 910050.
Panel consists of Chief Justice RADACK, and Justices KEYES and ALCALA.
MEMORANDUM OPINION
Appellant, Destrey Momon, pleaded no contest to two charges of indecency with a child on June 4, 2003. The trial court deferred a finding of guilt and placed appellant on community supervision for a period of eight years in each case. The court also assessed a fine of $500 in cause number 910050. The State filed motions to adjudicate guilt on December 12, 2003. Appellant pleaded not true to the motions, but the trial court found that appellant had violated the conditions of community supervision and, on January 28, 2004, found appellant guilty in both cases and sentenced him to confinement for 10 years in each case to run concurrently. Appellant filed timely notices of appeal. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that these appeals are without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). Counsel represents that he 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. We have carefully reviewed the records and counsel's brief. We find no reversible error in the records, and agree that the appeals are without merit. We therefore affirm the judgments of the trial court. We grant counsel's motion to withdraw.See Stephens v. State, 35 S.W.3d 770, 771 (Tex.App.-Houston [1st Dist.] 2000, no pet.).
The trial court did not assess a fine when it adjudicated guilt, even though it had done so when adjudication was deferred. This was the trial court's prerogative. See Taylor v. State, 131 S.W.3d 497, 502 (Tex.Crim.App. 2004).
Counsel has a duty to inform appellant of the result of his appeals and also to inform him that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).