Joe Ray Loyd v. State

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana ______________________________

No. 06-11-00176-CR ______________________________

JOE RAY LOYD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 20,940-2010

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION

Joe Ray Loyd appeals his conviction of guilt for the offense of aggravated assault with a deadly weapon, a second-degree felony. See TEX. PENAL CODE ANN. § 22.02 (West 2011).

After having pled “guilty” to the charged offense, Loyd was placed on deferred adjudication community supervision for a period of ten years and fined $2,500.00. Thereafter, the State filed its motion to proceed to final adjudication. Loyd entered a plea of “true” to the allegations set forth in that motion. The judgment adjudicating guilt was entered on September 1, 2011. Loyd was represented by different appointed counsel at trial and on appeal.

Loyd’s attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 360 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978).

Counsel mailed a copy of the brief to Loyd on November 23, 2011, informing Loyd of his right to file a pro se response and of his right to review the record. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. While Loyd was given an extension of time in which to file his pro se response, no such response has been filed.

We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk’s record and the reporter’s record, and we agree that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

In a frivolous appeal situation, we are to determine whether the appeal is without merit and is frivolous, and if so, the appeal must be dismissed or affirmed. See Anders, 386 U.S. 738.

We affirm the judgment of the trial court.1

Bailey C. Moseley Justice

Date Submitted: March 1, 2012

Date Decided: March 2, 2012

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