Joshua Lee Daniels v. The State of Texas--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-02-00128-CR

JOSHUA LEE DANIELS,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 01-018-CR

MEMORANDUM OPINION

Pursuant to a plea agreement, the trial court deferred an adjudication of Joshua Lee Daniels s guilt for indecency with a child and placed him on deferred adjudication community supervision for ten years. The court adjudicated Daniels s guilt about six months later and sentenced him to twenty years imprisonment. Daniels appealed.

Daniels s counsel filed an Anders // brief. Counsel provided Daniels a copy of the brief and the record and advised him of his right to file a pro se brief or other response. See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App. Waco 2001, no pet.). The Clerk of this Court also notified Daniels that he could file a brief or response, but he has not done so.

Counsel concludes that Daniels s appeal presents no issues of arguable merit because an appeal of the court s decision to proceed with the adjudication of his guilt is statutorily barred and because Daniels did not object to the trial court s failure to hold a separate punishment hearing. See Tex. Code Crim. Proc. Ann. art. 42.12, 5(b) (Vernon Supp. 2004); Tex. R. App. P. 33.1(a)(1); Vidaurri v. State, 49 S.W.3d 880, 886 (Tex. Crim. App. 2001). This Court has conducted an independent review of the record and has reached the same conclusion. See Sowels, 45 S.W.3d at 691-92.

Accordingly, we affirm the judgment. Counsel must advise Daniels of our decision and of his right to file a petition for discretionary review. See Sowels, 45 S.W.3d at 694.

FELIPE REYNA

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna //

Affirmed

Opinion delivered and filed March 10, 2004

Do not publish

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