TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00611-CR

Terry Lynn Arthur, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT NO. B-04-0239-S, HONORABLE BEN WOODWARD, JUDGE PRESIDING

MEMORANDUM OPINION

In July 2004, appellant Terry Lynn Arthur pleaded guilty to sexual assault and was placed on deferred adjudication supervision. In September 2007, the trial court granted the State’s motion to adjudicate, adjudged appellant guilty, and imposed a seventeen-year prison sentence.

Appellant’s court-appointed attorney filed a brief concluding that the appeal is 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 record 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). Appellant received a copy of counsel’s brief and was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel’s motion to withdraw is granted.

The judgment of conviction is affirmed.

__________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Puryear and Henson Affirmed Filed: May 21, 2008 Do Not Publish