Kenneth Eugene Harris v. The State of Texas--Appeal from 339th District Court of Harris County
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Opinion issued August 28, 2008 In The Court of Appeals For The First District of Texas NO. 01-07-00392-CR ____________ KENNETH EUGENE HARRIS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 339th District Court Harris County, Texas Trial Court Cause No. 1035080 MEMORANDUM OPINION A jury found appellant, Kenneth Eugene Harris, guilty of the offense of failure to stop and render aid1 and assessed his punishment at confinement for five years. Appellant s counsel on appeal has filed a brief stating that the record presents no reversible error and that the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (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.; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. [Panel Op.] 1978). The brief also reflects that counsel delivered a copy of the brief to appellant and advised appellant of his right to file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than thirty days have passed, and appellant has not filed a pro se response. Having reviewed the record and counsel s brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826 27 (Tex. Crim. App. 2005). We affirm the judgment of the trial court. We grant counsel s motion to withdraw.2 See Stephens v. State, 35 S.W.3d 770, 771 72 (Tex. App. Houston [1st 1 See T EX. T RANSP. C ODE A NN. ยง 550.021 (Vernon Supp. 2008). 2 Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005); Downs 2 Dist.] 2000, no pet.) (per curiam). Terry Jennings Justice Panel consists of Chief Justice Radack and Justices Jennings and Bland. Do not publish. TEX. R. APP. P. 47.2(b). v. State, 137 S.W.3d 837, 842 n.2 (Tex. App. Houston [1st Dist.] 2004, pet. ref d). 3
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