Jeremiah Oliver v. The State of Texas--Appeal from 51st District Court of Tom Green County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00663-CR NO. 03-02-00664-CR Jeremiah Oliver, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURTS OF TOM GREEN COUNTY 51ST & 119TH JUDICIAL DISTRICTS, NOS. B-01-0274-S & A-01-0571-S HONORABLE RAE LEIFESTE, JUDGE PRESIDING MEMORANDUM OPINION Appellant Jeremiah Oliver was placed on deferred adjudication community supervision after he pleaded guilty to sexually assaulting a child and failing to appear. Tex. Pen. Code Ann. '' 22.011(a)(2)(A), 38.10 (West 2003). He later pleaded true to the allegations in the State=s motions to revoke and adjudicate. Oliver was adjudged guilty of both offenses and sentenced to imprisonment for five years. Oliver=s court-appointed attorney filed a brief concluding that the appeals are frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the records demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Oliver received a copy of counsel=s brief, and he was advised of his right to examine the appellate records and to file a pro se brief. No pro se brief has been filed. We have reviewed the records and counsel=s brief and agree that the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. Counsel=s motion to withdraw is granted. The judgments of conviction are affirmed. __________________________________________ Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Affirmed Filed: March 20, 2003 Do Not Publish 2
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