In Re Commitment of Robert Perry Russell Jr. Appeal from 435th District Court of Montgomery County (memorandum opinion by chief justice mckeithen)

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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-14-00534-CV ________________ IN RE COMMITMENT OF ROBERT PERRY RUSSELL JR. __________________________________________________________________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 14-05-05473 CV __________________________________________________________________ MEMORANDUM OPINION A jury found that Robert Perry Russell Jr. suffers from a behavioral abnormality that predisposes him to engage in a predatory act of sexual violence. The trial court rendered a final judgment and an order of civil commitment. We affirm the trial court’s judgment and order of civil commitment. After perfecting appeal, Russell’s appointed appellate counsel filed a brief certifying that the appeal is frivolous. Appellate counsel’s brief presents counsel’s professional evaluation of the record and asks this Court to accept the Anders brief. See Anders v. California, 386 U.S. 738 (1967); In re Commitment of Rayson, No. 09-06-081-CV, 2007 WL 846555, at *1 (Tex. App.—Beaumont Mar. 22, 2007, no 1 pet.) (mem. op.). On March 17, 2015, we granted leave to file a pro se brief. No pro se brief or other response has been filed. We have reviewed the record and determined that this appeal is wholly frivolous. The Anders brief filed by appellate counsel adequately presents the case, and additional briefing will not aid in the satisfactory submission of the appeal. See Tex. R. App. P. 38.9. We find no arguable error requiring further action in this case. We affirm the trial court’s judgment and order of civil commitment. AFFIRMED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on June 18, 2015 Opinion Delivered August 13, 2015 Before McKeithen, C.J., Kreger and Horton, JJ. 2

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