Opinion issued August 26, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-09-00329-CR
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Jeremy Thomas Bolar, Appellant
V.
The State of Texas, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Court Case No. 94208
MEMORANDUM OPINION
Appellant, Jeremy Thomas Bolar, pleaded guilty, with an agreed punishment recommendation from the State, to the offense of assault on a family member. The trial court followed the plea bargain agreement and entered an order which deferred a finding of guilt, placed appellant on community supervision for a period of two years, and assessed a five-hundred dollar fine.[1]
Subsequently, the State filed a “Motion to Revoke Unadjudicated Probation.” Appellant entered a plea of true to the State’s motion, and, after a hearing, the trial court found appellant guilty of the original offense and assessed appellant’s punishment at confinement for ten years.
Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, the appeal is without merit and is frivolous, and 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.[2] Attorney Kevin Sekaly-Cribbs 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 Justices Jennings, Hanks, and Bland.
Do not publish. Tex. R. App. P. 47.2(b).
[1] This appeal was transferred from the Ninth Court of Appeals to the First Court of Appeals pursuant an order of transfer by the Texas Supreme Court.
[2] 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).