Steven Anthony Roe v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00024-CR Steven Anthony Roe, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT NO. 13-0686-K277, HONORABLE RICK J. KENNON, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted appellant Steven Anthony Roe of aggravated assault with a deadly weapon and aggravated sexual assault. See Tex. Penal Code §§ 22.02, 22.021. After appellant pleaded true to an enhancement paragraph alleging a prior felony conviction, the jury assessed punishment for both offenses at life imprisonment to run concurrently. See Tex. Penal Code §§ 12.32, 12.42. Appellant’s court-appointed attorney 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, 81-82 (1988). Counsel has certified to this Court that she provided a copy of the motion and brief to appellant, advised appellant of his right to examine the appellate record and file a pro se response, and supplied appellant with a form motion for pro se access to the appellate record along with a mailing address for this Court. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We have not received a pro se brief from appellant. We 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 that the appeal is frivolous. Counsel’s motion to withdraw is granted. The judgments of conviction are affirmed. _______________________________ Cindy Olson Bourland, Justice Before Justices Puryear, Goodwin, and Bourland Affirmed Filed: January 8, 2016 Do Not Publish 2