Mark Anthony Jones v. State ( 2010 )

Opinion issued April 15, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00640-CR

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MARK ANTHONY Jones, Appellant

V.

The State of Texas, Appellee

On Appeal from the 263rd District Court  

Harris County, Texas

Trial Court Case No. 1191903

MEMORANDUM OPINION

Appellant, Mark Anthony Jones, pleaded guilty, with an agreed recommendation as to punishment with the State, to the offense of assault on a family member, second offense.  The trial court followed the agreed punishment recommendation and placed appellant on community supervision for a period of three years.               

The State filed a first motion to revoke appellant’s community supervision that was dismissed on January 21, 2009.  The State filed a second motion to revoke community supervision on June 3, 2009. Appellant entered a plea of true to the State’s motion to revoke probation and, after a hearing, the trial court found that appellant had violated the terms and conditions of his community supervision as alleged in the State's motion.  The trial court sentenced appellant to confinement for two years and assessed a $500 fine.[1]  Appellant filed a notice of appeal.[2]  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.[3]  Attorney Angela Cameron 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.

          We deny as moot any pending motions.

PER CURIAM

Panel consists of Justices Keyes, Sharp, and Massengale.

Do not publish.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

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[1]               The trial court entered a certification of defendant's right of appeal on July        15, 2009, that states: I, judge of the trial court, certify this criminal case is     not a plea-bargain case, and the defendant has the right of appeal.

[2]               Appellant waived a court reporter for his plea of guilty and for the          probation revocation hearing.

[3]           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, 826-27 (Tex. Crim. App. 2005).