Steven Michael Backstrom v. The State of Texas--Appeal from 33rd District Court of Burnet County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00551-CR Steven Michael Backstrom, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT NO. 35498, HONORABLE GUILFORD L. JONES III, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted Steven Michael Backstrom of burglary of a habitation with intent to commit the felony offense of indecency with a child and aggravated sexual assault of a child and assessed punishment for the offenses at ninety-nine years in prison and life imprisonment, respectively. Appellant s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the records 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). Appellant received a copy of counsel s brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. No pro se brief has been filed and no extension of time was requested. We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. Jeff Rose, Justice Before Justices Puryear, Pemberton and Rose Affirmed Filed: April 15, 2011 Do Not Publish 2

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