David Ellis McDaniel v. State ( 2009 )

Opinion issued November 19, 2009

In The

Court of Appeals

For The

First District of Texas  

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NO. 01-09-00330-CR

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DAVID ELLIS MCDANIEL, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Court Cause No. 08-04640

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MEMORANDUM OPINION

          Appellant, David Ellis McDaniel, was convicted by a jury of the offense of burglary of a habitation, and the trial court assessed punishment at confinement for nine years and a $1000.00 fine. We affirm.

          Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, (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. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978).

          Counsel represents that he has 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 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 and grant counsel’s motion to withdraw. Attorney Bruce A. Hoffer 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 Jennings, Higley and Sharp.

Do not publish.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