NO. 07-07-0020-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
AUGUST 8, 2007
______________________________
IN THE MATTER OF A. B.
_________________________________
FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY
SITTING AS A JUVENILE COURT
NO. 2006-762,211; HONORABLE MELISSA JO MCNAMARA, PRESIDING
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, A. B., a juvenile, appeals from an order of adjudication and disposition
finding that he had engaged in delinquent conduct and committing him to the Texas Youth
Commission. A. B.’s appointed counsel has filed a motion to withdraw as counsel and a
brief in support of that motion. We grant counsel’s motion to withdraw and affirm.
A. B. was charged with engaging in delinquent conduct based on his aggravated
assault on a public servant. A. B. pled true to the charge and waived his right to a jury trial.
The trial court accepted A. B.’s plea and found that he had engaged in delinquent conduct.
After holding a disposition hearing, the trial court committed A. B. to the Texas Youth
Commission for an indeterminate sentence not to exceed his 21st birthday.
A. B.’s counsel has filed a motion to withdraw and a brief in support thereof which
states that counsel has carefully reviewed the record and listened to the recording of the
hearing and is of the opinion that the record reflects no reversible error upon which an
appeal can arguably be predicated. See Anders v. California, 386 U.S. 738, 744-45, 87
S.Ct. 1396, 18 L.Ed.2d 493 (1967); In re D.A.S., 973 S.W.2d 296, 299 (Tex. 1998)
(applying the Anders procedure to juvenile proceedings). Counsel thus concludes that the
appeal is frivolous.
Counsel has attached an exhibit showing that a copy of the Anders brief and motion
to withdraw have been forwarded to A. B. and his legal guardian and parent appropriately
advising them of their right to review the record and of the parent’s right to file a pro se
response to counsel’s motion and brief. No response has been filed.
We have made an independent examination of the record to determine whether
there are any non-frivolous grounds upon which an appeal could arguably be founded.
See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988); Stafford v.
State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We have found no such grounds.
Having considered the merits and finding no reversible error, we grant appellate
counsel’s motion to withdraw and affirm the trial court’s order.
Mackey K. Hancock
Justice
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