Arthur Lee Parsons v. State ( 2014 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-13-00484-CR
    Arthur Lee PARSONS,
    Appellant
    v.
    The State of
    The STATE of Texas,
    Appellee
    From the 85th Judicial District Court, Brazos County, Texas
    Trial Court No. 11-02236-CRF-85
    Honorable Jimmy Don Langley, Judge Presiding
    Opinion By:       Karen Angelini, Justice
    Sitting:          Karen Angelini, Justice
    Sandee Bryan Marion, Justice
    Patricia O. Alvarez, Justice
    Delivered and Filed: June 11, 2014
    AFFIRMED, MOTION TO WITHDRAW GRANTED
    Arthur Lee Parsons pled guilty to the offense of violation of a protective order by assault,
    a third degree felony. There was no plea agreement. After hearing evidence on punishment, the
    trial court sentenced Parsons to nine years in prison. Parsons appealed.
    Parsons’s court-appointed appellate counsel has filed a motion to withdraw and a brief in
    which he concludes that this appeal is frivolous and without merit. See Anders v. California, 
    386 U.S. 738
    (1967); High v. State, 
    573 S.W.2d 807
    (Tex. Crim. App. 1978). Counsel states that
    Parsons was provided with a copy of the motion to withdraw and the brief, and was informed of
    04-13-00484-CR
    his right to review the record and file his own brief. See Bruns v. State, 
    924 S.W.2d 176
    , 177 n.1
    (Tex. App.—San Antonio 1996, no pet.). Parsons has not filed a pro se brief.
    We have reviewed the record and counsel’s brief. We agree that this appeal is frivolous
    and without merit. The judgment of the trial court is affirmed, and counsel’s motion to withdraw
    is granted. See Nichols v. State, 
    954 S.W.2d 83
    , 86 (Tex. App.—San Antonio 1997, no pet.); 
    Bruns, 924 S.W.2d at 177
    n.1.
    No substitute counsel will be appointed. Should Parsons wish to seek further review of this
    case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for
    discretionary review or file a pro se petition for discretionary review. Any petition for discretionary
    review must be filed within thirty days from the later of (1) the date of this opinion, or (2) the date
    the last timely motion for rehearing is overruled by this court. See TEX. R. APP. P. 68.2. Any
    petition for discretionary review must be filed in the Texas Court of Criminal Appeals. See TEX.
    R. APP. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule
    68.4 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 68.4.
    Karen Angelini, Justice
    DO NOT PUBLISH
    -2-
    

Document Info

Docket Number: 04-13-00484-CR

Filed Date: 6/11/2014

Precedential Status: Precedential

Modified Date: 10/16/2015