Court of Civil Appeals of Texas, 2010

Eric Von Russell v. State

Eric Von Russell v. State
Court of Civil Appeals of Texas · Decided December 9, 2010

Eric Von Russell v. State

Opinion

Affirmed and Memorandum Opinion filed December 9, 2010.

 

 

In The

 

Fourteenth Court of Appeals

____________

 

NO. 14-10-00407-CR

____________

 

ERIC VON RUSSELL, JR., Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 1106911

 

 

MEMORANDUM OPINION

Appellant entered a plea of guilty to aggravated assault with a deadly weapon and was sentenced to four years’ deferred adjudication probation.  On September 11, 2009, the State filed a motion to adjudicate, and the trial court subsequently sentenced appellant to confinement for 12 years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a timely notice of appeal.

Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit.  The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel’s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel’s brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record.  We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review.  See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).

Accordingly, the judgment of the trial court is affirmed.

 

PER CURIAM

 

Panel consists of Justices Seymore, Boyce, and Christopher.

Do Not Publish — Tex. R. App. P. 47.2(b).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.