Opinion issued December 31, 2009
In The
Court of Appeals
For The
First District of Texas
_____________
NOS. 01-08-00419-CR
01-08-00420-CR
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SHAUL DAMON CARTER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 174th District Court
Harris County, Texas
Trial Court Cause Nos. 1041384 and 1008088
MEMORANDUM OPINION
Appellant, Shaul Damon Carter, pleaded guilty, without an agreement as to punishment with the State, to the offense of possession of a controlled substance and to the offense of bail jumping and failure to appear. The trial court then reset the cases for the preparation of a presentence investigation report. Following the presentence investigation hearing, the trial court deferred a finding of guilt in each case, and placed appellant on community supervision for a term of 10 years. Subsequently, the State filed a motion to adjudicate appellant's guilt in each case. Appellant entered plea of not true to the allegations in the State's motions to adjudicate guilt. After a hearing, the trial court found appellant guilty of the offenses of possession of a controlled substance and bail jumping failure to appeal, and assessed his punishment in each case 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 he has served a copy of the brief for each appeal 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 motions to withdraw. (1) Attorney David L. Garza 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.
We deny as moot any pending motions.
PER CURIAM
Panel consists of Justices Jennings, Higley and Sharp.
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).