Lacy Lamar Anderson v. The State of Texas--Appeal from 173rd District Court of Henderson County
Annotate this CaseNO. 12-07-00007-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
LACY LAMAR ANDERSON, APPEAL FROM THE 173RD
APPELLANT
V. JUDICIAL DISTRICT COURT OF
THE STATE OF TEXAS,
APPELLEE HENDERSON COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Lacy Lamar Anderson appeals his conviction for the offense of assault. 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). Despite seeking a continuance to do so, Appellant has not filed a pro se brief. We affirm.
Background
Appellant pleaded no contest to the third degree felony offense of assault of a family member and admitted he had a prior conviction for the same offense. In exchange for his plea, the State agreed to dismiss another offense and to abandon punishment enhancements. A contested punishment hearing was held, and the trial court assessed punishment at ten years of imprisonment and a fine of $1,500. This appeal followed.
Analysis Pursuant to Anders v. California
Appellant s counsel has filed a brief in compliance with Anders and Gainous. Counsel states that he has diligently reviewed the appellate record and that he is well acquainted with the facts of this case. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), counsel s brief presents a thorough chronological summary of the procedural history of the case and further states that counsel is unable to present any arguable issues for appeal.
We have considered the brief submitted by Appellant s counsel and have conducted our own independent review of the record. See Anders, 386 U.S. at 745, 87 S. Ct. at 1400; see also Penson v. Ohio, 488 U.S. 75, 80, 109 S. Ct. 346, 350, 102 L. Ed. 2d 300 (1988). We have found no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826 27 (Tex. Crim. App. 2005).
Conclusion
As required, Appellant s counsel has moved for leave to withdraw. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). After considering the record and the brief and having found no reversible error, we affirm the judgment of the trial court and grant Appellant s counsel s motion for leave to withdraw.
Opinion delivered February 29, 2008.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
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