David Wilkerson v. The State of Texas--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-03-00396-CR

David Wilkerson,

Appellant

v.

The State of  Texas,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 2000-632-C

MEMORANDUM Opinion

David Wilkerson was placed on deferred adjudication community supervision for five years for the offense of indecency with a child. In 2003, the trial court adjudicated Wilkerson s guilt and sentenced him to ten years confinement. Wilkerson appeals.

Wilkerson s counsel filed an Anders brief contending that this appeal presents no issues of arguable merit. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L Ed. 2d 493 (1967). Wilkerson has not filed a pro se brief or other response, though he was notified of his right to do so. See Sowels v. State, 45 S.W.3d 690, 691 (Tex. App. Waco 2001, no pet.). Because our independent review of the record reveals no issues of arguable merit, we will affirm.

A deferred adjudication case is not appealable if the trial court subsequently determines, after a hearing, to adjudicate guilt because of a violation of the terms of community supervision. Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon Supp. 2004-2005); Connolly v. State, 983 S.W.2d 723, 741 (Tex. Crim. App. 1999). The punishment assessed by the trial court is within the statutory range. Tex. Pen. Code Ann. 21.11 (Vernon 2003); Tex. Pen. Code Ann. 12.33(a) (Vernon 2003).

Out independent review of the record has revealed no issues of arguable merit. Accordingly, we affirm the judgment. Because the trial court has already granted counsel s motion to withdraw, Wilkerson is hereby notified that he has a right to file a petition for discretionary review with the Court of Criminal Appeals.[1] See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997); see also Sowels, 45 S.W.3d at 694.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed May 4, 2005

Do not publish

[CR25]

[1] The petition must be filed with the clerk of this court within thirty days. Tex. R. App. P. 68.3.