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RUSTY DALE HARDY, Appellant v. THE STATE OF TEXAS, Appellee
MEMORANDUM OPINION
Opinion By Justice Moseley
Rusty Dale Hardy appeals from the adjudication of his guilt for aggravated assault on a public servant and escape causing bodily injury. See Tex. Penal Code Ann. §§ 22.02(a), (b)(2)(B), 38.06(a)(1), (d) (West Supp.2010). On appeal, appellant's attorney filed a brief in which he concludes the appeals are wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response.
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex.Crim.App.2005) (court of appeals's duty is to determine whether there are any arguable issues, and, if so, to remand the case to the trial court so that new counsel may be appointed to address those issues). We agree the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals.
We affirm the trial court's judgments.
JIM MOSELEY JUSTICE
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Docket No: No. 05-09-01186-CR
Decided: January 04, 2011
Court: Court of Appeals of Texas, Dallas.
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