Opinion issued December 31, 2009
In The
Court of Appeals
For The
First District of Texas
NO. 01-09-00222-CR
ROBERT M. FREEMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 241st District Court
Smith County, Texas
Trial Court Cause No. 241-1707-08
MEMORANDUM OPINION
Appellant, Robert M. Freeman, pleaded guilty to the offense of burglary of a habitation without an agreement as to punishment with the State. Appellant elected to have punishment assessed by a jury. In accordance with the verdict of the jury the trial court sentenced appellant to confinement for 30 years. We affirm.
Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal 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 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 appeal is 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 judgment of the trial court and grant counsel’s motion to withdraw. Attorney James W. Huggler, Jr. 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 Keyes, Alcala, and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).