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Xavier Antonio Hubbard v. State ( 2006 )


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  • Opinion issued May26, 2006








    In The

    Court of Appeals

    For The  

    First District of Texas

    ____________


    NO. 01-05-00539-CR

    ____________


    XAVIER HUBBARD, Appellant  


    V.


    THE STATE OF TEXAS, Appellee




    On Appeal from the 351st District Court

    Harris County, Texas

    Trial Court Cause No. 937887



     

    MEMORANDUM OPINION  

              Appellant, Xavier Hubbard, pleaded guilty to the felony offense of sexual assault. In accordance with his plea bargain agreement with the State, the trial court deferred adjudication of his guilt and placed appellant on community supervision for 10 years.

              Subsequently, the State filed a motion to adjudicate guilt, and appellant pleaded true to the allegations contained in the State’s motion. At the time of entering his plea of true, appellant filed a written stipulation of evidence and judicial confession that included the statement: “I intend to enter a plea of true to the State’s motion and the prosecutor will recommend that my punishment be set at 10 years in the Institutional Division of the Texas Department of Corrections.” In accordance with appellant’s written plea agreement with the State, the trial court entered a finding of guilt and sentenced appellant to confinement for 10 years. Appellant filed a timely pro se notice of appeal. We affirm.

              Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Counsel’s brief meets the requirements of Anders by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.—Houston [1st Dist.] 1992, pet. ref’d).

              Counsel represents that he 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. We have carefully reviewed the record and counsel’s brief. We find no reversible error in the record, and agree that the appeal is without merit.

              We affirm the judgment of the trial court and grant counsel’s motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).

              Any pending motions are denied as moot.

    PER CURIAM

    Panel consists of Justices Jennings, Hanks and Higley.

    Do not publish. Tex. R. App. P. 47.2(b).