Jory Michael Brown v. The State of Texas--Appeal from 241st District Court of Smith County

NOS. 12-05-00162-CR

12-05-00163-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JORY MICHAEL BROWN, APPEAL FROM THE 241ST

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Jory Michael Brown appeals two convictions for aggravated robbery. Appellant s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant filed a pro se brief. We affirm.

Background

In two separate indictments, Appellant was charged for two aggravated robberies, both first degree felonies.1 The indictments also alleged that Appellant used or exhibited a deadly weapon, to wit: a firearm, during the commission of or immediate flight from the offenses. On March 14, 2005, Appellant entered a plea of guilty to the offenses charged in the two indictments. In both cases, Appellant and his counsel signed an acknowledgment of admonishments, a waiver of trial by jury, a sworn waiver of confrontation and agreement to stipulate, an agreement to stipulate testimony, and judicial confession in which Appellant swore that all allegations pleaded in both indictments were true. Appellant also waived his time to file motions for new trial and in arrest of judgment and his right to appeal. The trial court adjudged Appellant guilty of both offenses of aggravated robbery. After a sentencing hearing on March 15, the court assessed Appellant s punishment for each at fifty years of imprisonment and a $10,000 fine. The terms of imprisonment are to be served concurrently.2 This appeal followed.

Analysis pursuant to Anders v. California

Appellant s counsel filed a brief in compliance with Anders and Gainous, stating that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible

error and that there is no error upon which an appeal can be predicated. From our review of counsel s brief, it is apparent that he is well acquainted with the facts in these cases. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978), counsel s brief presents a chronological summation of the procedural history of the case and further states that counsel is unable to raise any meritorious issues for appeal. As required by Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991), Appellant s counsel has moved for leave to withdraw. We carried the motion for consideration with the merits of the appeal.

Appellant filed a pro se brief in which he raised one issue, contending that the trial court erred by failing to enter the affirmative finding of a deadly weapon in the body of its written judgments. Following the procedures outlined in Anders, we have diligently reviewed the record for reversible error and have found none. Having found no reversible error, Appellant s counsel s motion for leave to withdraw is hereby granted and the trial court s judgments are affirmed.

Opinion delivered March 22, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)

1 See Tex. Pen. Code Ann. 29.03(a)(2), (b) (Vernon 2003).

2 Punishment for a first degree felony is imprisonment for life or for any term of not more than ninety-nine years or less than five years and, in addition, a fine not to exceed $10,000. Tex. Pen. Code Ann. 12.32 (Vernon 2003).