James R. Lisne v. State ( 2009 )

Opinion issued November 19, 2009  

In The

Court of Appeals

For The  

First District of Texas

____________

NO. 01-08-00579-CR

____________

JAMES R. LISNE, Appellant  

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from County Criminal Court at Law No. 8

Harris County, Texas

Trial Court Cause No. 1498823

---

MEMORANDUM OPINION  

          Appellant, James R. Lisne, was convicted by a jury of interference with an emergency telephone call, and the trial court assessed punishment at confinement for one year. We affirm.

          Appellant’s court-appointed counsel filed a brief concluding that this appeal is without merit and is frivolous, and the appeal must be dismissed or affirmed. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978).

          Counsel represents that she 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. Having reviewed the record and counsel’s brief, we agree that the appeal is frivolous and without merit and that there is not 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 and grant counsel’s motion to withdraw. Attorney Patti Sedita must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Bland.

Do not publish.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