James Edward Arreola v. State

Opinion issued April 12, 2007













In The

Court of Appeals

For The

First District of Texas

____________



NO. 01-05-01046-CR

____________



JAMES EDWARD ARREOLA, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 300th Judicial District Court

Brazoria County, Texas

Trial Court Cause No. 39249




MEMORANDUM OPINION

Appellant, James Edward Arreola, waived indictment and pleaded guilty to the the second degree felony offense of aggravated assault with a deadly weapon, namely an automobile. In accordance with his plea bargain agreement with the State, the trial court deferred a finding of guilt, assessed a fine of $100, and placed appellant on community supervision for a period of 6 years.

The State subsequently filed a motion to adjudicate guilt. Appellant entered a written stipulation of evidence, and pleaded true to four allegations contained in the State's motion to adjudicate. The trial court found the allegations to be true and found appellant guilty of the offense of aggravated assault.

The trial court then ordered a pre-sentence investigation and recessed the case for a punishment hearing. After the punishment hearing, the trial court sentenced appellant to confinement for 8 years. The trial court prepared and filed a trial its certification of right to appeal for this case and checked the box certifying that this case "is not a plea bargain case and the defendant has the right of appeal." Appellant gave notice of appeal. We affirm.

Appellant's court-appointed counsel 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 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 appeal is without merit.

We therefore affirm the judgment of the trial court.

We grant counsel's motion to withdraw. (1) 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 Bland.

Do not publish.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

1.

Counsel has a duty to inform appellant of the result of his appeal and also to inform him that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).