Opinion issued April 7, 2015
In The
Court of Appeals
For The
First District of Texas
NO. 01-13-01080-CR
____________
JARED DEMOND PICKETT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Cause No. 1315857
MEMORANDUM OPINION
Appellant, Jared Demond Pickett, without an agreed punishment
recommendation from the State, pleaded guilty to the offense of aggravated sexual
assault.1 The trial court found appellant guilty and that he had used a deadly
weapon, namely, a firearm, in the commission of the offense. After preparation of a
pre-sentence investigation report, the trial court assessed his punishment at
confinement for twenty-five years. Appellant timely filed a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw and a
brief in which he states that the record presents no reversible error and the appeal is
without merit and frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396
(1967).
Counsel’s brief meets the requirements of Anders by presenting a
professional evaluation of the record. See id. at 744, 87 S. Ct. at 1400. Counsel
discusses the evidence adduced at the trial, supplies us with references to the record,
and provides us with citation to legal authorities. See High v. State, 573 S.W.2d
807, 812 (Tex. Crim. App. 1978). And counsel indicates that he has thoroughly
reviewed the record and is unable to advance any ground of error that warrants
reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193
S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Counsel has
notified this Court that he has delivered copies of his motion to withdraw and brief
to appellant and informed him of his right to examine the appellate record and file a
1
See TEX. PENAL CODE ANN. § 22.011 (Vernon 2011), § 22.021(a)(2) (Vernon
Supp. 2014).
response. See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).
Appellant has not filed a pro se response.
We have independently reviewed the entire record, and we conclude that no
reversible error exists in the record, no arguable grounds for review exist, and the
appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Garner v. State,
300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (explaining frivolousness determined
by considering whether “arguable grounds” for review exist); Bledsoe v. State, 178
S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (emphasizing reviewing court, and not
counsel, determines, after full examination of proceedings, whether appeal wholly
frivolous); Mitchell, 193 S.W.3d at 155. An appellant may challenge a holding that
no arguable ground for appeal exists by filing a petition for discretionary review in
the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw. 2 Attorney, Terrence Gaiser, must immediately send the required notice
to appellant and file a copy of that notice with the Clerk of this Court. See TEX. R.
APP. P. 6.5(c).
PER CURIAM
2
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App.
2005).
Panel consists of Justices Jennings, Higley, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).