Opinion
No. 05-04-01052-CR
Opinion Filed January 17, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 282nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F00-56594-Qns. Affirmed.
Before Justices WHITTINGTON, FRANCIS and LANG.
MEMORANDUM OPINION
Ted Alvin Petty entered a plea of guilty to the offense of aggravated robbery in exchange for five years deferred adjudication community supervision and a $2,000 fine. While on community supervision, appellant was charged with capital murder. The State filed a motion to proceed with adjudication of guilt alleging, among other violations, appellant's commission of two capital murder offenses. A jury convicted appellant of capital murder with punishment set at confinement for life. The trial court then conducted a hearing on the State's motion to proceed with adjudication. After denying appellant's motions to quash the indictment and the motion to proceed with adjudication, the trial court found the capital murder allegations to be true and the State's other allegations to be not true. The trial court adjudicated appellant guilty of aggravated robbery, and assessed punishment at confinement for life, with the sentence to be served consecutively to the life sentence assessed in the capital murder case. On appeal, appellant's attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response. Appellant, however, did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's judgment.