Dustin Clark v. State

Opinion issued April 8, 2004














In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-00975-CR

____________


DUSTIN CLARK, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 43,721




 

MEMORANDUM OPINION

               Appellant Dustin Clark pleaded guilty to assault on a public servant without a plea bargain agreement. He also pleaded true to the elements in an enhancement paragraph that he had a prior felony conviction. The trial court assessed punishment at confinement for seven years. We affirm.

               Appellant’s appointed counsel, Kelly L. Gatewood, State Counsel for Offenders office, filed a motion to withdraw as counsel and a brief concluding that this appeal is 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 she 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 appeal is without merit.

               We therefore affirm the judgment of the trial court.

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

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish.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