Opinion
No. 05-04-00048-CR
Opinion Filed April 29, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F01-52672-WQ. Affirmed.
Before Justices WRIGHT, BRIDGES, and FITZGERALD.
MEMORANDUM OPINION
Frederick Ricardo Sims entered an open nolo contendere plea to aggravated assault and a plea of true to an enhancement paragraph. The trial court deferred adjudication of appellant's guilt and placed him on community supervision for ten years. During the term of community supervision, the State filed a motion to proceed with adjudication of guilt alleging appellant had violated multiple conditions of community supervision. After accepting appellant's pleas of true to two of the State's allegations, the trial court adjudicated appellant guilty, revoked his community supervision, and assessed punishment at five years confinement. Appellant then filed this appeal. Appellant's attorney filed a brief in which she 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.
During the adjudication hearing, the trial court granted the State's motion to proceed with adjudication, revoked community supervision, and assessed punishment. The trial court's written judgment indicates the trial court also found the enhancement paragraph true.