Jesse Flores v. The State of Texas--Appeal from 182nd District Court of Harris County

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Opinion issued September 25, 2008 In The Court of Appeals For The First District of Texas ____________ NO. 01-07-00625-CR ____________ JESSE FLORES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 182nd District Court Harris County, Texas Trial Court Cause No. 993242 MEMORANDUM OPINION Appellant, Jesse Flores, pleaded guilty to the offense of robbery and, the trial court deferred adjudication of guilt, placed appellant on community supervision for five years and assessed a $250 fine. The State subsequently filed a motion to adjudicate guilt to which appellant pleaded true. After a hearing1, 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 10 years and assessed a $250 fine. Appellant filed a pro se notice of appeal. We affirm. 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 her 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 1 Appellant waived the court reporter for the hearing. 2 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 and grant counsel s motion to withdraw.2 Any pending motions are denied as moot. PER CURIAM Panel consists of Justices Taft, Keyes, and Alcala. Do not publish. TEX. R. APP. P. 47.2(b). 2 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).

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