James Taber, Jr. v. State

MEMORANDUM OPINION
No. 04-10-00362-CR
James TABER, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 09-1947-CR
Honorable Gary L. Steel, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Karen Angelini, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: May 11, 2011
AFFIRMED
After a trial on the merits, James Taber, Jr. was found guilty of two counts: attempted
sexual assault of a child and online solicitation of a minor. He was sentenced to twenty years of
imprisonment on each count, to run concurrently. Taber timely filed a notice of appeal. His
court-appointed appellate attorney filed a brief in which she 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 appellant was provided with a copy of
04-10-00362-CR
the brief and motion to withdraw and was further informed of 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.CSan Antonio 1996,
no pet.). Taber did not file a pro se brief.
We have reviewed the record and counsel’s brief. We agree that the appeal is frivolous
and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion
to withdraw. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.CSan Antonio 1997, no pet.);
Bruns, 924 S.W.2d at 177 n.1.
No substitute counsel will be appointed. Should appellant 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 must file a pro se petition for discretionary review. Any
petition for discretionary review must be filed within thirty days from the date of either this
opinion or the last timely motion for rehearing that is overruled by this court. See TEX. R. APP. P.
68.2. Any petition for discretionary review must be filed with this court, after which it will be
forwarded to the Texas Court of Criminal Appeals along with the rest of the filings in this case.
See TEX. R. APP. P. 68.3. Any petition for discretionary review must comply with the
requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. TEX. R. APP. P. 68.4.
Karen Angelini, Justice
Do not publish
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