Opinion
NO. 03-15-00544-CR
07-08-2016
James Ray Parker, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT
NO. B-13-0458-SA, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDINGMEMORANDUM OPINION
Appellant James Ray Parker was charged with aggravated assault with a deadly weapon, see Tex. Penal Code § 22.02(a)(2), a second-degree felony enhanced to habitual. A jury found Parker guilty and assessed Parker's punishment at 99 years in the Texas Department of Criminal Justice-Institutional Division.
Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the 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 Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).
Appellant received a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. Appellant requested and received the appellate record and filed a pro se brief.
We have conducted an independent review of the record, including appellate counsel's brief and appellant's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.
Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.
/s/_________
Scott K. Field, Justice Before Justices Puryear, Goodwin, and Field Affirmed Filed: July 8, 2016 Do Not Publish