Terry Glenn Moss v. State ( 2002 )

NO. 12-01-00211-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TERRY GLENN MOSS,

§ APPEAL FROM THE 402ND

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

§ WOOD COUNTY, TEXAS MEMORANDUM OPINION ⁽¹⁾

Appellant Terry Glenn Moss pleaded nolo contendere to the second degree felony offense of Aggravated Assault - Serious Bodily Injury - Family Member, and the trial court assessed his punishment at two years deferred adjudication community supervision. Three years later, the State filed its Motion to Proceed to Final Adjudication. After a hearing, the trial court found the allegations contained in the State's motion to be "true," and found Appellant guilty of aggravated assault. The trial court assessed Appellant's punishment at three years in the Texas Department of Criminal Justice - Institutional Division, suspended, with placement on community supervision in the Substance Abuse Felony Punishment Facility. Appellant subsequently filed a notice of appeal. We affirm.

Appellant's counsel, in compliance with Anders v. California, 386 U.S. 738 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969), states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in this case. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), Appellant's brief presents a chronological summation of the procedural history of the case, and further states that Appellant's counsel is unable to present any arguable points of error. ⁽²⁾ We have likewise reviewed the record for reversible error and have found none.

As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant's counsel has moved for leave to withdraw. We carried the motion for consideration with the merits of the appeal. Having done so and finding no reversible error, Appellant's counsel's motion for leave to withdraw is hereby granted and the judgment of the trial court is affirmed.

Opinion delivered April 30, 2002.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.  

(DO NOT PUBLISH)

1.

See Tex. R. App. P. 47.1.

2.

Counsel for Appellant provided Appellant with a copy of his brief and Appellant was given time to file his own brief in this cause. The time for filing such a brief has expired and we have received no pro se brief.