Court of Civil Appeals of Texas, 2010

Jimmy Lee Fields v. State

Jimmy Lee Fields v. State
Court of Civil Appeals of Texas · Decided August 5, 2010

Jimmy Lee Fields v. State

Opinion

Opinion issued August 5, 2010

 

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00793-CR

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Jimmy Lee Fields, Appellant

V.

The State of Texas, Appellee

 

 

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Case No.  1153389

 

MEMORANDUM OPINION

          Appellant, Jimmy Lee Fields, without an agreed punishment recommendation from the State, pleaded guilty to the offense of sexual assault of a child.  The trial court ordered a presentence investigation and, after a punishment hearing, sentenced him to confinement for 10 years.  We affirm.

          Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, the appeal is without merit and is frivolous, and 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 represents that she has served a copy of the brief on appellant and advised him of his right to examine the appellate record and file a pro se brief.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  More than 30 days have passed, and appellant has not filed a pro se brief.  Having reviewed the record and counsel’s 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 and grant counsel’s motion to withdraw.[1]  Attorney Leah M. Borg must immediately send appellant the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.

PER CURIAM

Panel consists of Justices Keyes, Hanks, and Higley.

Do not publish.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

 



[1]           Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals.  See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). 

 

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