Kenneth Anthony Hagood v. The State of Texas--Appeal from 338th District Court of Harris County

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Opinion issued October 2, 2008 In The Court of Appeals For The First District of Texas NOS. 01-08-00035-CR 01-08-00036-CR KENNETH ANTHONY HAGOOD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 338th District Court Harris County, Texas Trial Court Cause Nos. 1113418 and 1120929 MEMORANDUM OPINION Appellant, Kenneth Anthony Hagood, without an agreed punishment recommendation from the State, pleaded guilty to the offense sexual assault of a child, as alleged in trial court cause number 1113418, and to the offense of injury to a child, as alleged in trial court cause number 1120929. The trial court ordered a presentence investigation and rescheduled the cases. After a presentence investigation hearing, the trial court sentenced appellant to confinement for 15 years in trial court cause number 1113418 and to confinement for 10 years in trial court cause number 1120929. Appellant s counsel on appeal has filed a brief stating that the record presents no reversible error, that these appeals are without merit and are frivolous, and that the appeals 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 in these cases. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App.1978). Counsel represents that she has served a copy of the brief on appellant. Counsel also advised appellant of his 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 appeals are 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 judgments of the trial court and grant counsel s motion to 2 withdraw.1 PER CURIAM Panel consists of Justices Jennings, Hanks, and Bland. Do not publish. TEX. R. APP. P. 47.4. 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 Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). 3

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