Anthony Leroy Jones v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ANTHONY LEROY JONES, § No. 08-14-00106-CR § Appellant, Appeal from the § V. 297th District Court § of Tarrant County, Texas THE STATE OF TEXAS, § (TC# 1297869D) § Appellee. § MEMORANDUM OPINION Anthony Leroy Jones appeals his conviction of robbery, enhanced by two prior felony convictions. Appellant was charged with aggravated robbery, but he entered a plea of guilty to the lesser included offense of robbery before a jury and the trial court conducted a unitary proceeding. TEX.CODE CRIM.PROC.ANN. art. 26.14 (West 2009); see Frame v. State, 615 S.W.2d 766, 767 (Tex.Crim.App. 1981). The jury found Appellant guilty, found the enhancement paragraphs true, and assessed his punishment at imprisonment for a term of sixty years. We affirm. FRIVOLOUS APPEAL Appellant’s court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U .S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See In re Schulman, 252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)(“In Texas, an Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it must provide record references to the facts and procedural history and set out pertinent legal authorities.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the Court in writing that he has delivered a copy of counsel’s brief and the motion to withdraw to Appellant, and he has advised Appellant of his right to review the record, file a pro se brief, and to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App. 2014)(setting forth duties of counsel). Appellant has been provided access to the appellate record, but he has informed the Court he does not wish to file a pro se brief despite. We have carefully reviewed the record and counsel’s brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. Accordingly, we affirm the judgment of the trial court. April 22, 2016 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Hughes, JJ. (Do Not Publish) -2-