Opinion
No. 10-05-00084-CR
Opinion delivered and filed August 23, 2006. DO NOT PUBLISH.
Appeal from the 54th District Court, McLennan County, Texas, Trial Court No. 2004-314-C. Affirmed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Michael Lee Stout was convicted of murder and sentenced to life in prison. Stout appealed. Stout's appellate counsel filed a motion to withdraw from representation of Stout with a supporting Anders brief. Counsel provided Stout a copy of the brief and the record and advised him of his right to file a pro se brief or other response. See Sowels v. State, 45 S.W.3d 690, 694 (Tex.App.-Waco 2001, no pet.). The only response we received from Stout is a letter addressed to Staff Counsel for Offenders which provides a "brief summary of the grounds of which [Stout] believe[s] should have been used by appellate counsel." He identifies three issues for review. The State did not file a response. We now decide "whether the case is . . . frivolous" as claimed by counsel. See Taulung v. State, 979 S.W.2d 854, 855 (Tex.App.-Waco 1998, no pet.). Counsel, in his brief, considers issues relevant to an appeal on a jury trial. His brief contains references to the record, applicable statutes, and cases. It also contains a discussion of why counsel concludes that the appeal is frivolous. See Sowels, 45 S.W.3d at 691. We have independently reviewed the record and agree that there are no issues "which might arguably support an appeal." Id. at 692. Because we have independently considered and concluded that the appeal is frivolous, we necessarily have considered and concluded that the potential issues raised by Stout are not arguable issues in a direct appeal. Because we are affirming Stout's judgment and sentence, counsel must advise Stout of the result of this appeal and of his right to file a petition for discretionary review. Id. at 694; see also Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).
Anders v. Cal., 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967).