Opinion
No. 10-02-178-CR.
Opinion delivered and Filed March 19, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).
From the 411th District Court, Polk County, Texas, Trial Court # 16441.
Before Chief Justice DAVIS, Justice VANCE, and Senior Justice HILL.
OPINION
Bill Buck Spoon has been convicted by a jury of the offense of aggravated assault. The jury assessed his punishment at two years in the Texas Department of Criminal Justice, Institutional Division. Spoon's counsel has filed a motion to withdraw from representation of Spoon with a supporting Anders brief. See Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). Spoon was notified that he had the right to respond to counsel's motion and brief, but no response has been filed. See Sowels v. State, 45 S.W.3d 690, 691 (Tex.App.-Waco 2001, no pet.). In his brief, counsel considers the legal and factual sufficiency of the evidence, the effectiveness of trial counsel, the court's evidentiary rulings, and jury argument. Counsel's brief contains references to the record and applicable statutes, rules, and cases and discusses why counsel concludes that the record does not present an arguable issue. See Currie v. State, 516 S.W.2d 684, 684 (Tex.Crim.App. 1974) (brief contains a professional evaluation of the record demonstrating why, in effect, there are no arguable issues to be advanced). We are satisfied that counsel has diligently searched the record for any arguable issue. McCoy v. Court of Appeals of Wisconsin Dist. 1, 486 U.S. 429, 442, 108 S.Ct. 1895, 1904, 100 L.Ed.2d 440 (1988). We have independently reviewed the record to search for any issues that might arguably support an appeal. Sowels, 45 S.W.3d at 691-92. We affirm the judgment because we have determined that there are no issues that might arguably support an appeal. Because we do not have the authority to permit appointed counsel to withdraw, we dismiss the motion to withdraw. Id. at 692. Affirmed