Ronald Goodner v. State ( 2005 )

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RONALD GOODNER,                             Appellant, v. THE STATE OF TEXAS,                             Appellee.

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No. 08-05-00019-CR Appeal from the 283rd District Court of Dallas County, Texas (TC# F-0072671-LT)

O P I N I O N

           This is an appeal from a conviction for the offense of robbery. Appellant pleaded guilty and the court assessed punishment at five years’ deferred adjudication. The State filed a motion to adjudicate guilt. At the hearing on the motion to adjudicate guilt, Appellant entered a plea of true and the court adjudicated Appellant guilty of the offense of robbery. Appellant was sentenced to five years’ imprisonment. We affirm.

           Appellant’s court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493, reh. denied, 388 U.S. 924, 87 S. Ct. 2094, 18 L. Ed. 2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel’s brief has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been filed.

           We have carefully reviewed the record and counsel’s brief and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. A discussion of the matters discussed in counsel’s brief would add nothing to the jurisprudence of the state.

           The judgment is affirmed.

                                                                  RICHARD BARAJAS, Chief Justice

August 25, 2005

Before Barajas, C.J., McClure, and Chew, JJ.

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