Opinion
No. 10-07-00164-CR
Opinion delivered and filed February 6, 2008. DO NOT PUBLISH.
Appeal from the 249th District Court, Johnson County, Texas, Trial Court No. F34441. Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Adam Lee Robinson was convicted of the felony offense of Injury to a Child with Intent to Cause Bodily Injury and was placed on community supervision. After a plea of not true to two counts of the State's motion to revoke and pleas of true to the remaining counts, and after hearing testimony, the trial court revoked Robinson's community supervision and sentenced him to eight years in prison. Robinson appealed. Robinson's counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). We affirm. In the brief, counsel asserts that she reviewed the complete reporter's and clerk's records in search of potentially meritorious grounds of error on appeal. Counsel concludes that the appeal is frivolous. Although counsel informed Robinson of the right to file a brief, he did not file a brief. The State did not file a response. We must, "after a full examination of all the proceedings, . . . decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex.Crim.App. 1991); Coronado v. State, 996 S.W.2d 283, 285 (Tex.App.-Waco 1999, order) (per curiam), disp. on merits, 25 S.W.3d 806 (Tex.App.-Waco 2000, pet. ref'd). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988). Arguments are frivolous when they "cannot conceivably persuade the court." Id. at 436. An appeal is not wholly frivolous when it is based on "arguable grounds." Stafford, 813 S.W.2d at 511. After reviewing the record, we determine that the appeal is wholly frivolous. Accordingly, we affirm. We remind counsel of the duty to inform Robinson of his right to file a petition for discretionary review. See Ibarra v. State, 226 S.W.3d 481, 482-483 (Tex.App.-Waco 2006, no pet.); see also Meza v. State, 206 S.W.3d 684, 689 (Tex.Crim.App. 2006).