Sha-Ron Donte Berry a/k/a Sharon Donte Berry v. State of Texas--Appeal from 252nd District Court of Jefferson County

Opinion filed February 14, 2008

In The

Eleventh Court of Appeals

__________

 No. 11-07-00130-CR

__________

  SHA-RON DONTE BERRY A/K/A SHARON DONTE BERRY, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Court Cause No. 88059

O P I N I O N

The jury convicted Sha-Ron Donte Berry a/k/a Sharon Donte Berry of aggravated assault and assessed his punishment at confinement for thirteen years.[1] We affirm.

Appellant=s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel=s brief. A response has not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit. We note that counsel has the responsibility to advise appellant within five days from the date of this opinion that appellant may file a petition for discretionary review by the Texas Court of Criminal Appeals. Tex. R. App. P. 48.4; Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006). Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to Tex. R. App. P. 66. Black v. State, 217 S.W.3d 687 (Tex. App.CEastland 2007, no pet.).

The motion to withdraw is granted, and the judgment is affirmed.

PER CURIAM

February 14, 2008

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.

[1]This is the second appeal from the conviction. In his first appeal, the Texarkana Court of Appeals affirmed the conviction but reversed and remanded for new punishment. Berry v. State, 179 S.W.3d 175 (Tex. App.CTexarkana 2005, no pet.).