Opinion
No. 01-08-00518-CR
Opinion issued November 18, 2010. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 177th District Court, Harris County, Texas, Trial Court Cause No. 1152508.
Panel consists of Justices KEYES, HIGLEY, and BLAND.
MEMORANDUM OPINION
Appellant, Carl V. Young, pleaded guilty, without an agreed recommendation with the State as to punishment, to the offense of felony theft, enhanced by two prior felony convictions. See TEX. PENAL CODE ANN. § 31.03(a) (Vernon Supp. 2010). The trial court ordered a pre-sentence investigation (PSI) report. After a PSI hearing, the trial court assessed punishment at five years' confinement. We affirm. Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978). Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We affirm the judgment of the trial court and grant counsel's motion to withdraw. Attorney Brian M. Middleton must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.
Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).