Mathew Kizzee v. State

Opinion Issued December 29, 2005  

In The

Court of Appeals

For The  

First District of Texas

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NOS. 01-05-00024-CR

          01-05-00241-CR

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MATTHEW KIZZEE, JR., Appellant  

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause Nos. 9402709 and 9402710

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MEMORANDUM OPINION  

                Appellant, Matthew Kizzee, pleaded guilty to the offenses of attempt to disarm a peace officer in cause number 9402710 and aggravated assault of a peace officer in cause number 9402 709, without an agreed recommendation as to punishment. The trial court deferred a finding of guilt in each case and placed appellant on community service for 10 years.

                The State filed a motion to adjudicate guilt in each case. The appellant pleaded true to the violations alleged. After a hearing, the trial court found the allegations to be true. The trial court sentenced appellant to confinement for two years in cause number 9402710 and to confinement for five years in cause number 9402709. Appellant gave notice of appeal. We affirm. 

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that these appeals are without merit. Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.—Houston [1st Dist.] 1992, pet. ref’d).

               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. We have carefully reviewed the record and counsel’s brief. We find no reversible error in the record, and agree that the appeals are without merit. We therefore affirm the judgments of the trial court.

               We grant counsel’s motion to withdraw in each case. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).

               Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish.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