Opinion
No. 10-05-00176-CR
Opinion delivered and filed January 11, 2006. DO NOT PUBLISH.
Appeal from the 213th District Court, Tarrant County, Texas, Trial Court No. 0625723D. Affirmed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Pursuant to a plea bargain, Roy E. Morgan, Jr. received ten years' deferred adjudication community supervision for indecency with a child. The court later proceeded with an adjudication of his guilt and sentenced him to nine years' imprisonment. Morgan appeals from the adjudication and sentencing proceeding. Morgan's counsel filed an Anders brief contending that this appeal presents no issues of arguable merit. Morgan has not filed a pro se brief or other response, though he was notified of his right to do so. Because our independent review of the record reveals no issues of arguable merit, we will affirm the judgment. Counsel concludes in his brief that Morgan's appeal presents no issues of arguable merit after reviewing the record for jurisdictional errors, matters raised by pretrial motions (of which there are none), matters for which the trial court granted permission to appeal (none), errors in the punishment phase, and instances of ineffective assistance of counsel. We also observe that Morgan is statutorily barred from appealing the court's decision to proceed with the adjudication of his guilt. See TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5(b) (Vernon Supp. 2005); Connolly v. State, 983 S.W.2d 738, 741 (Tex.Crim.App. 1999); Roberts v. State, 141 S.W.3d 685, 685-86 (Tex.App.-Waco 2004, pet. ref'd). This Court has conducted an independent review of the record and agrees with counsel's conclusion that Morgan's appeal presents no issues of arguable merit. Accordingly, we affirm the judgment. See Roberts, 141 S.W.3d at 686. Counsel must advise Morgan of our decision and of his right to file a petition for discretionary review. See Sowels v. State, 45 S.W.3d 690, 694 (Tex.App.-Waco 2001, no pet.).