Opinion issued July 2, 2009
In The
Court of Appeals
For The
First District of Texas
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NO. 01-08-00605-CR
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WILLIAM SERRANO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Cause No. 1166627
MEMORANDUM OPINION
Appellant, William Serrano, pleaded no contest to the offense of murder, with an agreement with the State to a punishment cap with a minimum punishment of 20 years and a maximum punishment of 40 years. The trial court ordered a pre-sentence investigation. Following a punishment hearing the trial court found appellant guilty of murder and assessed his punishment at confinement for 35 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). Further, we find that the certification of the right of appeal filed by the trial court is supported by the record and that appellant has no right of appeal due to the agreed plea bargain. Tex. R. App. P. 25.2(a). Accordingly, we dismiss the appeal “without further action.” Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). We grant counsel’s motion to withdraw. Attorney Jerald K. Graber 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.
Any pending motions are denied as moot.
PER CURIAM
Panel consists of Justices Bland, Sharp, and Taft.
Do not publish. Tex. R. App. P. 47.2(b).