Opinion
No. 4-05-00435-CR
Delivered and Filed: May 3, 2006. DO NOT PUBLISH.
Appeal from the 175th Judicial District, Bexar County, Texas, Trial Court No. 2004-CR-4349, Honorable Mary Roman, Judge Presiding. Affirmed.
Sitting: Catherine STONE, Justice, Karen ANGELINI, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On June 14, 2005, Appellant Brian T. Washington entered a plea of guilty to the offense of aggravated assault with a deadly weapon alleged to have occurred on or about April 3, 2004. Washington elected to have a jury assess punishment in his case. After a hearing on punishment, on June 16, 2005, Washington was sentenced to twenty years confinement in the Institutional Division of the Texas Department of Criminal Justice. Washington's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Washington with a copy of the brief and informed him of his right to review the record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex.App.-San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.). Washington did not file a pro se brief. It "is well-settled in Texas that a sentence will not be disturbed if the penalty is within the prescribed limits set by the legislature." Sampayo v. State, 625 S.W.2d 33, 35 (Tex.App.-San Antonio 1981, no pet.). Washington was charged with a second degree felony which has a permissible penalty range of two years to twenty years confinement and a fine not to exceed $10,000.00. See Tex. Pen. Code Ann. § 12.33 (Vernon 1994). The crime for which Washington was accused was heinous and violent. After an argument broke out between Washington and the victim, Washington attempted to scare the victim with a firearm, which ultimately discharged. Although the victim survived the shooting, she sustained permanent paralysis from the breastbone down. Thus, we cannot say the jury's assessment of twenty years confinement was excessive. After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n. 1.