Opinion issued August 12, 2010
In The
Court of Appeals
For The
First District of Texas
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NO. 01-07-00557-CR
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JOSHUA CRAIGE LEHMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 405th District Court
Galveston County, Texas
Trial Court Case No. 06CR3463
MEMORANDUM OPINION
Appellant, Joshua Craige Lehman, pleaded no contest to the offense of online solicitation of a minor without plea bargain agreement with the State. After a pre-sentence investigation hearing, the trial court assessed punishment at confinement for 10 years. Appellant gave notice of appeal.[1] 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.[2] Attorney Greg Russell 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 Keyes, Sharp, and Massengale.
Do not publish. Tex. R. App. P. 47.2(b).
[1] Hon. Wayne J. Mallia presided. Trial counsel were John Petruzzi for appellant and Bill Reed for the State. Greg Russell filed the Anders brief. Appellant did not file a response to his counsel’s brief.
[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).