Janet Niday AKA Janet Catchings v. The State of Texas--Appeal from 339th District Court of Harris County

Opinion issued December 6, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00995-CR

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JANET NIDAY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 1032532

MEMORANDUM OPINION

Appellant, Janet Niday, pleaded guilty to the offense of theft by a public servant without an agreed recommendation as to punishment with the State, and the trial court, after a pre-sentence investigation hearing, assessed her punishment at confinement for 8 years. We affirm.

Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; S ee also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App.1978).

Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of her right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex. Crim. App. 2005).

We affirm the judgment of the trial court and grant counsel's motion to withdraw. (1)

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish.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 she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).