Jeffrey Lynn Mills v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00248-CR Jeffery Lynn Mills, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT NO. 72116, HONORABLE FANCY H. JEZEK, JUDGE PRESIDING MEMORANDUM OPINION Appellant Jeffery Lynn Mills pleaded guilty to a second-degree felony offense of indecency with a child by contact, see Tex. Penal Code § 21.11(a)(1), and waived his right to a trial by jury. The trial court convicted appellant and sentenced him to eleven years’ confinement in the Texas Department of Criminal Justice, Institutional Division. Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86–87 (1988). 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. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We have not received a pro se brief from the appellant. We have conducted an independent review of the record, including appellate counsel’s brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeals are frivolous. Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ Scott K. Field, Justice Before Justices Puryear, Pemberton, and Field Affirmed Filed: August 27, 2014 Do Not Publish 2