DocketNumber： 01-08-00307-CR
Filed Date： 2/26/2009
Status： Precedential
Modified Date： 9/3/2015
Opinion issued February 26, 2009
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-08-00307-CR
____________
TERRANCE MAURICE WHITEHEAD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 339th District Court
Harris County, Texas
Trial Court Cause No. 1076507
MEMORANDUM OPINION
Appellant, Terrance Maurice Whitehead, pleaded guilty without an agreed punishment recommendation from the State, to the offense of robbery and true to the allegations in two enhancement paragraphs that he had previously been convicted of committing two felony offenses. The trial court deferred a finding of guilt and placed appellant on community supervision for ten years.
Subsequently, the State filed a motion to adjudicate guilt. On April 15, 2008, appellant pleaded true without an agreed punishment recommendation from the State to the allegations in the State's motion to adjudicate guilt. He also signed a written stipulation of evidence, confessing to violating the terms and conditions community supervision by failing to avoid injurious or vicious habits by using a controlled substance. The State then presented evidence to the court of nine additional violations of community supervision alleged in the State's motion. Following the hearing, the trial court found appellant guilty of robbery and assessed his punishment at confinement for 25 years.
Appellant's counsel on appeal has filed a brief stating that the records present no reversible error, that the appeals are without merit and are frivolous, and that the appeals 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 she 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 appeals are 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 judgments of the trial court and grant counsel's motion to withdraw. (1) Attorney Nicole DeBorde 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.
Panel consists of Justices Jennings, Keyes, and Higley.
Do not publish. Tex. R. App. P. 47.2(b).
1. 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).