Opinion
No. 06-08-00082-CR
Date Submitted: January 28, 2009.
Date Decided: February 3, 2009. DO NOT PUBLISH.
On Appeal from the 241st Judicial District Court, Smith County, Texas, Trial Court No. 241-0010-08.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
Jeffery Kirk White appeals from his conviction on his open plea of guilty to the first degree felony offense of injury to a child, with an affirmative finding of use of a deadly weapon. See Tex. Penal Code Ann. § 22.04 (Vernon Supp. 2008). White was sentenced to life imprisonment and a fine of $10,000.00. See Tex. Penal Code Ann. § 12.32 (Vernon 2003). White was represented by different, appointed, counsel at trial and on appeal. White's attorney has filed a brief which discusses the record and reviews the proceedings. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Crim.App. 1991); and High v. State, 573 S.W.2d 807 (Tex.Crim.App. [Panel Op.] 1978). Counsel mailed a copy of the brief to White on November 12, 2008, informing White of his right to examine the entire appellate record and to file a pro se response. Counsel simultaneously filed a motion with this Court seeking to withdraw as counsel in this appeal. White has not filed a pro se response, nor has he requested an extension of time in which to file such a response. We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). We affirm the judgment of the trial court.
This appeal has been transferred to this Court from the Tyler Court of Appeals pursuant to the Texas Supreme Court's docket equalization program.
Since we agree this case presents no reversible error, we also, in accordance with Anders, grant counsel's request to withdraw from further representation of White in this case. No substitute counsel will be appointed. Should White wish to seek further review of this case by the Texas Court of Criminal Appeals, White must either retain an attorney to file a petition for discretionary review or White must file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing that was overruled by this Court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed with this Court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest of the filings in this case. See Tex. R. App. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 68.4.