NUMBER 13-01-720-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
JOE ALLEN EVANS
, Appellant,v.
THE STATE OF TEXAS, Appellee.
On appeal from the Criminal District Court
of Jefferson County, Texas.
Before Chief Justice Valdez and Justices Rodriguez and Kennedy (1)
Opinion by Justice Kennedy
Appellant's court- appointed attorney has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. Anders v. California, 386 U.S. 738 (1967). The brief meets the requirements of Anders as it presents a professional evaluation of why there are no arguable grounds for advancing an appeal. See Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); Lindsey v. State, 902 S.W.2d 9, 11 (Tex. App.-Corpus Christi 1995, no pet.).
Appellate counsel has included in his brief a statement certifying that he has sent a copy of his brief and the reporter's record to appellant and has informed appellant by accompanying letter that it is the opinion of counsel that the appeal is without merit, and that he (appellant) personally has the right to view the record and file a pro se brief raising any ground of error or complaint which he may desire. No pro se brief has been filed.
In Penson v. Ohio, 488 U.S. 75 (1988), the Supreme Court discussed the responsibilities of an appellate court upon receiving a "frivolous appeal" brief. The court stated: "Once the appellate court receives this brief, it must then, itself, conduct a full examination of all the proceedings to decide whether the case is wholly frivolous." Id. at 80. This we have done, and we conclude that the appeal is wholly frivolous and that no error appears therein. See Stafford, 813 S.W.2d at 511.
In accordance with Anders, appellant's attorney has asked permission to be relieved as counsel for appellant. See Anders, 386 U.S. at 744. We grant the attorney's motion to withdraw. We order appellant's attorney to notify appellant of the disposition of this appeal and of the availability of discretionary review. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).
We AFFIRM the judgment of the trial court.
NOAH KENNEDY
Justice
Do not publish.
Tex. R. App. P. 47.2(b).
Opinion delivered and filed
this 6th day of February, 2003.
1.