Opinion
No. 01-08-00974-CR
Opinion issued October 22, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause No. 1085543.
Panel consists of Justices KEYES, ALCALA, and HANKS.
MEMORANDUM OPINION
Appellant, Joshua Martan Pleasant, pleaded guilty to the offense of assault-family violence-second offender with an agreed recommendation as to punishment from the State. The trial court followed the agreed plea bargain, deferred a finding of guilt, and placed appellant under the terms and conditions of community service for a period of two years and assessed a $200.00 fine. Subsequently, the State filed a motion to adjudicate appellant's guilt, alleging that appellant violated the terms of his community service. Appellant pleaded true to counts 9, 10, 11, 12, 13, 14, 15, 17, and 18 of the State's motion to adjudicate. After a hearing, the trial court found that appellant had violated the terms and conditions of his community service probation, found appellant guilty as originally charged, and sentenced appellant to confinement for six years and assessed a fine of $200. 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 Thomas A. Martin 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).