Paul Bryan Roach v. The State of Texas--Appeal from 252nd District Court of Jefferson County
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Opinion issued December 4, 2008 In The Court of Appeals For The First District of Texas ____________ NO. 01-08-00562-CR ____________ PAUL B. ROACH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County, Texas Trial Court Cause No. 86644 MEMORANDUM OPINION Appellant, Paul B. Roach,1 pleaded guilty to the offense of delivery of a controlled substance. After a pre-sentence investigation hearing, the trial court 1 Appellant Paul B. Roach is also known as Paul Bryan Roach. deferred adjudication of guilt, placed appellant on community supervision for five years, and assessed a fine of $1000. On February 28, 2008, the State filed a second motion to adjudicate guilt to which appellant pleaded true to count 1 and count 2 of the State s motion, and the trial court found to be true the State s allegations that appellant had violated the conditions of his community supervision. The court rescheduled the case for a sentencing hearing. On May 12, 2008 the court found appellant guilty of the original charge, and sentenced him to confinement for 3 years. Appellant filed a pro se notice of appeal. Appellant s counsel on appeal has filed a brief stating that the record presents no reversible error, that this 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 in these cases. 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 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 PER CURIAM Panel consists of Chief Justice Radack, and Justices Nuchia and Higley. Do not publish. TEX. R. APP. P. 47.4. 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, 826-27 (Tex. Crim. App. 2005).
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