Opinion issued September 5, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00888-CR
____________
RICKY BARNARD JUSTICE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 1359172
MEMORANDUM OPINION
Appellant, Ricky Barnard Justice, pleaded not guilty to the felony offense of
sexual assault. The jury found appellant guilty. Appellant pleaded true to a felony
enhancement, and the trial court assessed punishment at 99 years’ confinement.
The trial court certified that appellant has the right to appeal. Appellant timely filed
a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw,
along with an Anders brief stating that the record presents no reversible error and
therefore the appeal is without merit and is frivolous. See Anders v. California, 386
U.S. 738, 87 S. Ct. 1396 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State,
573 S.W.2d 807, 812–13 (Tex. Crim. App. 1978). Counsel indicates that she has
thoroughly reviewed the record and that she is unable to advance any grounds of
error that warrant 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 informed us that she has delivered a copy of the brief to
appellant and informed him of his right to examine the appellate record and to file a
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 in this appeal, and we
conclude that no reversible error exists in the record, that there are no arguable
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grounds for review, and that therefore the appeal is frivolous. See Anders, 386 U.S.
at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court—and not counsel—
determines, after full examination of proceedings, whether appeal is wholly
frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009)
(reviewing court must determine whether arguable grounds for review exist);
Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (same); Mitchell,
193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by
reviewing entire record). An appellant may challenge a holding that there are no
arguable grounds for appeal by filing a petition for discretionary review in the 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.1 Attorney Angela Cameron must immediately send the notice required
by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the
Clerk of this Court. See TEX. R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Justices Jennings, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
1
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 Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.
1997).
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