Joe Easter Leonard v. State ( 2009 )

Opinion issued April 23, 2009  

In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00056-CR

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JOE EASTER LEONARD, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause No. 1053693

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 MEMORANDUM OPINION  

          Appellant, Joe Easter Leonard, pleaded guilty with an agreed recommendation as to punishment with the State, to the offense of possession of a controlled substance, namely cocaine. The trial court admonished appellant about the consequences of entering his plea of guilty, accepted his plea of guilty, deferred adjudication of guilt, and placed him on community supervision for three years.           Subsequently, the State filed an amended motion to adjudicate guilt on January 7, 2007. The motion alleged among other things that appellant violated the terms and conditions of community service by failing to pay fees as ordered, failing to participate in community service as ordered, and by failing to report to his community supervision officer as ordered. After a hearing on the State's motion, the trial court found true the allegations contained in the State’s motion, found appellant guilty of the original charge, and assessed his punishment at confinement in the state jail for 18 months and a $500 fine. Appellant gave notice of appeal. 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 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 Ellis McCullough 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. 

          Any pending motions are denied as moot.

PER CURIUM

Panel consists of Justices Jennings, Keyes, and Higley.

Do not publish.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