IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 16, 2007
______________________________MICHAEL DAVID MCLAUGHLIN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE _________________________________
FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY;
NO. 17,191-B; HONORABLE JOHN BOARD, JUDGE _______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant appeals his conviction for the offense of evading detention by use of a motor vehicle, a felony, and subsequent sentence of two years incarceration in a State Jail Facility. We affirm.
Appellant's attorney has filed an Anders brief and a motion to withdraw. Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 498 (1967). In support of his motion to withdraw, counsel certifies that he has diligently reviewed the record, and in his opinion, the record reflects no reversible error upon which an appeal can be predicated. Id. at 744-45. In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App. 1978), counsel has candidly discussed why, under the controlling authorities, there is no error in the trial court's judgment. Additionally, counsel has certified that he has provided appellant a copy of the Anders brief and motion to withdraw and appropriately advised appellant of his right to file a pro se response in this matter. Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). The court has also advised appellant of his right to file a pro se response. Appellant has not filed a response.
By his Anders brief, counsel raises grounds that could possibly support an appeal, but concludes the appeal is frivolous. We have reviewed these grounds and made an independent review of the entire record to determine whether there are any arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75, 109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). We have found no such arguable grounds and agree with counsel that the appeal is frivolous.
Accordingly, counsel's motion to withdraw is hereby granted and the trial court's judgment is affirmed.
Mackey K. Hancock
Justice
Do not publish.
PAN> Accordingly, our jurisdiction was not invoked by the original Notice. The out-of-time amended Notices are ineffective to invoke our jurisdiction. See State v. Riewe, 13 S.W.3d 408, 413-14 (Tex.Crim.App. 2000).
We dismiss the appeals for want of jurisdiction.
Phil Johnson
Justice
Do not publish.
1. A rule of appellate procedure will be referred to as "TRAP __" hereafter.