Brian Keith Jackson v. The State of Texas--Appeal from 294th District Court of Van Zandt County

NOS. 12-07-00023-CR

12-07-00036-CR

12-07-00037-CR

12-07-00038-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BRYAN KEITH JACKSON, APPEAL FROM THE 294TH

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE VAN ZANDT COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Bryan Keith Jackson appeals his convictions for sexual assault of a child, indecency with a child, escape while arrested/confined for a felony, and attempting to take a weapon from peace officer. Appellant s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). We affirm.

Background

Appellant was charged by indictment with sexual assault of a child,1 indecency with a child,2

escape while arrested/confined for a felony,3 and attempting to take a weapon from peace officer.4 At a hearing on December 8, 2006, Appellant entered pleas of guilty to all four indictments. Appellant, his counsel, the State, and the trial court signed written plea admonishments, which included plea agreements, acknowledgment of the admonishments, sworn waivers, pleas of guilty, statements regarding representation, and judicial confessions in which Appellant swore that all allegations pleaded in the indictments were true. The trial court deferred an adjudication of guilt on the sexual assault of a child charge, placed Appellant on community supervision for ten years, and assessed a fine in the amount of $1,500.00, court costs in the amount of $568.00, and restitution in the amount of $318.92. On the indecency with a child charge, the trial court deferred an adjudication of guilt, placed Appellant on community supervision for ten years and assessed a fine in the amount of $1,500.00 and court costs in the amount of $563.00. However, the trial court adjudged Appellant guilty of escape while arrested/confined for a felony and assessed Appellant s punishment at seven years of imprisonment, a fine in the amount of $2,500.00, and court costs in the amount of $238.00. Further, the trial court adjudged Appellant guilty of attempting to take a weapon from a peace officer and assessed his punishment at eighteen months in a state jail facility, a fine in the amount of $1,000.00, and court costs in the amount of $238.00. The trial court certified Appellant s right to appeal matters raised by written motion filed and ruled on before trial. See Tex. R. App. P. 25.2(a)(2). This appeal followed.

Analysis pursuant to Anders v. California

Appellant s counsel filed a brief in compliance with Anders and Gainous, stating that he has diligently reviewed the appellate records and is of the opinion that the records reflect no reversible

error and that there is no error upon which appeals can be predicated. From our review of counsel s brief, it is apparent that he is well acquainted with the facts in these cases. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978), counsel s brief presents a chronological summation of the procedural history of the cases and further states that counsel is unable to raise any meritorious issues for appeal.5 We have likewise reviewed the record for reversible error and have found none.

Conclusion

As required by Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991), Appellant s counsel has moved for leave to withdraw. We carried the motion for consideration with the merits of the appeal. Having done so and finding no reversible error, Appellant s counsel s motion for leave to withdraw is hereby granted and the trial court s judgments are affirmed.

Opinion delivered August 30, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

1 Tex. Penal Code Ann. 22.011(a)(2)(A) (Vernon 2003). An offense under section 22.011(a)(2)(A) is a felony of the second degree. Id. 22.011(f). A second degree felony is punishable by imprisonment for any term of not more than twenty years or less than two years and, in addition, a fine not to exceed $10,000. Id. 12.33 (Vernon 2003).

2 Tex. Penal Code Ann. 21.11(a)(1) (Vernon 2003). An offense under section 21.11(a)(1) is a felony of the second degree. Id. 21.11(d). A second degree felony is punishable by imprisonment for any term of not more than twenty years or less than two years and, in addition, a fine not to exceed to $10,000. Id. 12.33.

3 Tex. Penal Code Ann. 38.06(c) (Vernon 2003). An offense under section 38.06(c) is a felony of the third degree. Id. 38.06(c). A third degree felony is punishable by imprisonment for any term of not more than ten years or less than two years and, in addition, a fine not to exceed $10,000. Id. 12.34 (Vernon 2003).

4 Tex. Penal Code Ann. 38.14 (Vernon 2003). An offense under section 38.14 is a state jail felony. Id. 38.14(e). A state jail felony is punishable by confinement in state jail for any term of not more than two years or less than 180 days and, in addition, a fine not to exceed $10,000. Id. 12.35 (Vernon 2003).

5 Appellant was given time to file his own brief in these causes. The time for filing such a brief has expired and we have received no pro se brief.