Alicia Midkiff v. The State of Texas Appeal from County Court at Law No. 3 of Williamson County (memorandum opinion by chief justice rose)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00445-CR Alicia Midkiff, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 3 OF WILLIAMSON COUNTY NO. 14-02154-2, HONORABLE DOUG ARNOLD, JUDGE PRESIDING MEMORANDUM OPINION A jury found Alicia Midkiff guilty of assault causing bodily injury. Tex. Penal Code § 22.01. After a hearing on punishment, the trial court assessed a sentence of 225 days in jail. On May 6, 2015, Midkiff’s court-appointed appellate attorney filed a motion to withdraw supported by a brief concluding that this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967); see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978). Midkiff’s counsel sent a copy of the brief to her and advised her of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. More than thirty days have passed since the notice was sent to Walker and we have not received a brief or a motion for extension of time to file a brief. We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009). We agree with counsel that this appeal is frivolous, affirm the judgment of conviction, and grant counsel’s motion to withdraw. Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Field Affirmed Filed: July 28, 2015 Do Not Publish 2

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