Dwyatt Edward Williams v. State ( 2006 )

Opinion issued April 6, 2006

  In The  

Court of Appeals  

For The  

First District of Texas  

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  NO. 01-05-00442-CR

__________

DWYATT EDWARD WILLIAMS, Appellant  

V.

THE STATE OF TEXAS, Appellee  

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On Appeal from the 185th District Court

Harris County, Texas

Trial Court Cause No. 949005  

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MEMORANDUM OPINION  

          Appellant, Dwyatt Edward Williams, pleaded no contest to the offense of sexual assault of a child and, pursuant to a plea agreement with the State, the trial court deferred adjudication of appellant’s guilt and placed him on community supervision for five years and imposed a $1,000 fine. The State subsequently filed a motion to adjudicate appellant’s guilt based on allegations that appellant violated the terms and conditions of community supervision by, among other things, failing to complete community service, failing to attend GED classes, and having contact with a person under the age of seventeen. Appellant pleaded not true to these allegations. After conducting a hearing, the trial court found the above allegations true, adjudicated appellant guilty, and sentenced appellant to confinement for twenty years.

          Appellant’s counsel on appeal has filed a brief stating that, based on his review of the record, 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 and presents a professional evaluation of the record explaining why there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978). Counsel delivered a copy of the brief to appellant and advised appellant of his right to file a pro se response. Appellant filed a pro se brief, contending that the appeal should be abated for a hearing on ineffective assistance of counsel. Having reviewed the entire record, counsel’s brief, and appellant’s pro se brief, we agree that the appeal is wholly frivolous and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).            

Conclusion

          We affirm the judgment of the trial court.  

                                                                        Terry Jennings

                                                                        Justice

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

Do not publish.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