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Kenneth Eugene Harris v. State ( 2008 )


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  • Opinion issued August 28, 2008









        















    In The

    Court of Appeals

    For The

    First District of Texas  



      

    NO. 01-07-00392-CR

    ____________



    KENNETH EUGENE HARRIS, Appellant



    V.



    THE STATE OF TEXAS, Appellee



    On Appeal from the 339th District Court

    Harris County, Texas

    Trial Court Cause No. 1035080



    MEMORANDUM OPINION

    A jury found appellant, Kenneth Eugene Harris, guilty of the offense of failure to stop and render aid (1) and assessed his punishment at confinement for five years.

    Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error and that the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (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.; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. [Panel Op.] 1978). The brief also reflects that counsel delivered a copy of the brief to appellant and advised appellant of his right to file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than thirty days have passed, and appellant has not filed a pro se response.

    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. We grant counsel's motion to withdraw. (2) See Stephens v. State, 35 S.W.3d 770, 771-72 (Tex. App.--Houston [1st Dist.] 2000, no pet.) (per curiam).





    Terry Jennings

    Justice



    Panel consists of Chief Justice Radack and Justices Jennings and Bland.



    Do not publish.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

    1.

    See Tex. Transp. Code Ann. § 550.021 (Vernon Supp. 2008).

    2.

    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, 827 (Tex. Crim. App. 2005); Downs v. State, 137 S.W.3d 837, 842 n.2 (Tex. App.--Houston [1st Dist.] 2004, pet. ref'd).