Joshua Calvin Mulder v. The State of Texas--Appeal from Crim Dist Ct 4 of Tarrant County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00174-CR

Joshua Calvin Mulder,

Appellant

v.

The State of Texas,

Appellee

From the Criminal District Court 4

Tarrant County, Texas

Trial Court No. 0798776D

MEMORANDUM Opinion

On an open plea of guilty, Appellant Joshua Calvin Mulder was convicted of the aggravated sexual assault of a child and sentenced to ten years deferred adjudication. Mulder s counsel on appeal has filed an Anders brief and a motion to withdraw as counsel. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L.E.2d 493 (1967). Mulder was notified that he had the right to respond to counsel's motion and brief, but no response has been filed. See Wilson v. State, 955 S.W.2d 693, 696-97 (Tex. App. Waco 1997, order).

Counsel, in his brief, considers whether this Court has jurisdiction over the appeal and whether Mulder s sentence was excessive. His brief contains references to the Clerk s record, applicable statutes, rules, and cases and discusses why he concludes there are no arguable issues for appeal.

The clerk s record reflects that Mulder was admonished before pleading guilty and that he acknowledged he was pleading guilty because he is guilty and for no other reason, no one threatened to harm him or force him to plead guilty, no one held out any promise of reward or hope of pardon or parole to persuade him to plead guilty, and he pled guilty freely and voluntarily. Mulder also signed a Waiver of Jury Trial and an Agreement to Stipulate Evidence and Testimony.

We have conducted an independent review of the Clerk s record to determine whether there are arguable grounds for appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We determine there are none. Accordingly, we affirm the judgment.

Counsel must advise Mulder of our decision and of his right to file a pro se petition for discretionary review. See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App. Waco 2001, no pet.), overruled on other grounds by Meza v. State, 206 S.W.3d 684, 685 (Tex. Crim. App. 2006). We grant counsel s motion to withdraw.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed; motion to withdraw granted

Opinion delivered and filed May 23, 2007

Do not publish

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