Joseph Prejean v. The State of Texas--Appeal from 351st District Court of Harris County

Opinion issued February 14, 2008

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00334-CR

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JOSEPH PREJEAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 1085936

MEMORANDUM OPINION

Appellant, Joseph Prejean, pleaded guilty to the offense of robbery. In accordance with his plea bargain agreement with the State, the trial court deferred adjudication of guilt and placed appellant on community supervision for three years.

The State subsequently filed a motion to adjudicate guilt to which appellant pleaded true. After a hearing, the trial court found to be true the State's allegations that appellant had violated the conditions of his community supervision. The court found appellant guilty of the original charge, and sentenced him to confinement for 20 years. Appellant filed a timely notice of appeal.

Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App.1978).

Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex. Crim. App. 2005).

We affirm the judgment of the trial court and grant counsel's motion to withdraw. (1)

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish.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

1. Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).