Paul David Foster v. State ( 2005 )

11th Court of Appeals

Eastland, Texas

Opinion

Paul David Foster

            Appellant

Vs.                  No. 11-04-00273-CR -- Appeal from Ector County

State of Texas

            Appellee

            This is an appeal from a judgment adjudicating guilt. Paul David Foster originally entered a plea of guilty to two counts of aggravated sexual assault of a child and one count of indecency with a child. The trial court deferred the adjudication of guilt and placed appellant on community supervision for 10 years. After a hearing on the State’s motion to adjudicate, the trial court found that appellant had violated the terms and conditions of his community supervision, revoked his community supervision, adjudicated appellant’s guilt of each offense, and imposed a sentence of confinement for 16 years. We affirm.

            Appellant’s court-appointed counsel has filed a motion to withdraw. The motion is supported by an amended brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel’s brief. Appellant has not filed a pro se response. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App.1991); High v. State, 573 S.W2d 807 (Tex.Cr.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974); Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969); Eaden v. State, No. 11-03-00405-CR, 2005 WL 309558 (Tex.App. - Eastland, February 10, 2005, no pet’n)(not yet reported).

            Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit.

            The motion to withdraw is granted, and the judgment of the trial court is affirmed.

PER CURIAM

May 12, 2005

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.