Spivey, Louis Edward v. State

Opinion issued January 29, 2004












In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-02-00132-CR

          01-02-00133-CR

          01-02-00134-CR

          01-02-00135-CR

____________


LOUIS EDWARD SPIVEY, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause Nos. 834838, 834839, 834840, and 834841





MEMORANDUM OPINION

               Appellant, Louis Edward Spivey, pleaded guilty to four separate offenses of aggravated sexual assault. The trial court assessed punishment at confinement for 20 years in each case. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that the appeals are wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978).

               The motion to withdraw as counsel states that a copy of the brief was delivered to appellant, whom counsel advised by letter 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 wholly frivolous.

               We affirm the judgments 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.).

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Jennings and Higley.

Do not publish.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