Opinion issued July 2, 2009
In The
Court of Appeals
For The
First District of Texas
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NO. 01-08-00564-CR
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KELLY MICHAEL MCBRIDE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Court Cause No. 93126
MEMORANDUM OPINION
Appellant, Kelly Michael McBride, pleaded guilty with an agreed punishment recommendation from the State, to the offense of robbery. The trial court followed the State's recommendation and deferred a finding of guilt and placed appellant on community supervision for six years. Subsequently, the State filed a motion to adjudicate guilt. On May 19, 2008, appellant pleaded true to two allegations in the State's motion to adjudicate guilt that he had violated the terms and conditions community supervision by failing to report to the probation department as directed on March 12, 2008 and March 18, 2008, and by failing to submit to an alcohol and/or drug screen at the direction of the probation department. Following a hearing, the trial court found appellant guilty of robbery and assessed his punishment at confinement for 10 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 she 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 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).
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We affirm the judgments of the trial court and grant counsel's motion to withdraw. (1) Attorney James A. Delee 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.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Sharp and Taft. (2)
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).
2.
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