In The

Court of Appeals

For The

First District of Texas

NO. 01-05-01018-CR

____________

TONY CURTIS DURDEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 1034553

MEMORANDUM OPINION

             A jury found appellant, Tony Curtis Durden, guilty of the offense of aggravated assault, and the trial court, after appellant pleaded true to the allegations in two enhancement paragraphs that he had two prior sequential felony convictions, assessed his punishment at confinement for forty years.

          Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978). Counsel delivered a copy of the brief to appellant and advised appellant of his right to file a pro se response. Appellant has filed a pro se brief, contending that “the evidence is legally and factually insufficient to support the trial court’s finding that the second enhancement paragraph alleged in the indictment is ‘true.’” Having reviewed the record, counsel’s brief, and appellant’s pro se brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

          We affirm the judgment of the trial court.

     Terry Jennings

     Justice

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).