Sarah Horton v. City of Smithville, Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-06-00450-CR Jeffrey Richard Wilson, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 04-399-K277, HONORABLE KEN ANDERSON, JUDGE PRESIDING MEMORANDUM OPINION In September 2004, appellant Jeffrey Richard Wilson pleaded guilty to felony assault of a family member. See Tex. Penal Code Ann. § 22.01(West Supp. 2006). The trial court deferred adjudication of guilt and placed appellant on community supervision. In July 2006, after a hearing on the State’s motion, the court adjudged appellant guilty and imposed a ten-year prison sentence. Appellant’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant received a copy of counsel’s brief and was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Puryear and Henson Affirmed Filed: October 19, 2007 Do Not Publish 2