Opinion
NO. 03-15-00222-CR
01-28-2016
Monte Ross, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT
NO. 13-1923-K277, THE HONORABLE STACEY MATHEWS, JUDGE PRESIDINGMEMORANDUM OPINION
After a jury had been selected and sworn, appellant Monte Ross opted to plead guilty to thirteen counts of possession of child pornography and submit only the issue of punishment to a jury. See Tex. Penal Code § 43.26. After hearing evidence, the jury assessed appellant's punishment at confinement in the Texas Department of Criminal Justice for ten years for each count. See id. § 12.34. The trial court granted the State's request to cumulate the sentences, in part, ordering five of the thirteen sentences to be served consecutively.See id. § 3.03(b)(3).
The trial court "stacked" only the first five sentences, ordering the sentence for Count Two to be served after the sentence for Count One ceased to operate, the sentence for Count Three to be served after the sentence for Count Two ceased to operate, the sentence for Count Four to be served after the sentence for Count Three ceased to operate, and the sentence for Count Five to be served after the sentence for Count Four ceased to operate. --------
Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeals are 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, 81-82 (1988). Appellant's counsel has certified to this Court that she sent copies of the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se response, and provided a motion to assist appellant in obtaining the record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744. Appellant requested access to the appellate record, and pursuant to this Court's order the clerk of the trial court provided written verification to this Court that the record was provided to appellant. See Kelly, 436 S.W.3d at 321. To date, appellant has not filed a pro se response or requested an extension of time to file a response.
We have conducted an independent review of the record—including the record of the trial proceedings below and appellate counsel'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 appeals are frivolous. Counsel's motion to withdraw is granted. The trial court's judgments of conviction are affirmed.
/s/_________
Melissa Goodwin, Justice Before Justices Puryear, Goodwin, and Bourland Affirmed Filed: January 28, 2016 Do Not Publish