Terry Wayne Ashley v. State

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-11-00139-CR ______________________________ TERRY WAYNE ASHLEY, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 6th Judicial District Court

Red River County, Texas Trial Court No. CR00370

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

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Terry Wayne Ashley appeals from the revocation of his community supervision and sentence to ten years’ imprisonment. He was convicted of a third-degree felony for the offense of obscenity. TEX. PENAL CODE ANN. § 43.23 (West 2011).

Ashley’s attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail, providing possible issues but explaining why they cannot succeed. 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, 386 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 and a letter to Ashley on November 14, 2011, informing Ashley of his right to file a pro se response and of his right to review the record. No response has been filed. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal.

We have determined that this appeal is wholly frivolous. We have independently reviewed the clerk’s record and the reporter’s record, and find no genuinely arguable issue. See Halbert v. Michigan, 545 U.S. 605, 623 (2005). We, therefore, agree with counsel’s assessment that no arguable issues support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

We affirm the judgment of the trial court.1

Bailey C. Moseley Justice

Date Submitted: January 30, 2012 Date Decided: January 31, 2012 Do Not Publish