Jerome Morgan Middlebrook v. The State of Texas--Appeal from 27th District Court of Bell County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00405-CR Jerome Morgan Middlebrook, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 46795, HONORABLE JOE CARROLL, JUDGE PRESIDING MEMORANDUM OPINION Appellant Jerome Morgan Middlebrook was placed on deferred adjudication community supervision after he pleaded guilty to aggravated assault against a public servant. Tex. Pen. Code Ann. § 22.02 (West Supp. 2003). At a subsequent hearing on the State s motion to adjudicate, appellant pleaded true to all but one of the alleged violations of supervision. The court adjudged him guilty and sentenced him to ten years imprisonment. Appellant s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel s brief was delivered to appellant, and he was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ Jan P. Patterson, Justice Before Chief Justice Law, Justices Kidd and Patterson Affirmed Filed: November 20, 2003 Do Not Publish 2

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