JESUS AARON VALADEZ v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Myers

Jesus Aaron Valadez appeals following the revocation of his community supervision for the offenses of endangering a child (cause 05-09-01107-CR;  F06-73502-T) and assault causing bodily injury (cause 05-09-01108-CR:  F06-73575-T).   After the revocation of his community supervision, Valadez was sentenced to two years in state jail for the first offense;  seven years in prison for the latter.   Both sentences were ordered to run concurrently.¹

On appeal, appellant's attorney has filed a brief in support of a motion to withdraw in which he concludes there is no issue that can be supported by the record.   The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).   The brief presents a professional evaluation of the record showing 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;  however, 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 (Tex.Crim.App.2005).   We find nothing in the record that might arguably support the appeal.   We therefore conclude the appeal is wholly frivolous and without merit.

We grant appellate counsel's motion to withdraw and affirm the trial court's judgment.

FOOTNOTES

FN1. We note that, contrary to appellant's brief, endangering a child (cause 05-09-01107-CR;  F06-73502-T) is a state jail felony offense, not a third degree felony.   See Tex. Penal Code Ann. § 22.041(f);  12.35(a)(b).  Furthermore, assault, bodily injury, family violence (cause 05-09-01108-CR:  F06-73575-T), is a third degree felony and not, as stated in counsel's brief, a state jail felony.   See Tex. Penal Code Ann. § 22.01(b)(2).   In addition, the maximum punishment for a third degree felony is ten years' imprisonment and a fine not to exceed $10,000, not life imprisonment.   Id. at § 12.34..  FN1. We note that, contrary to appellant's brief, endangering a child (cause 05-09-01107-CR;  F06-73502-T) is a state jail felony offense, not a third degree felony.   See Tex. Penal Code Ann. § 22.041(f);  12.35(a)(b).  Furthermore, assault, bodily injury, family violence (cause 05-09-01108-CR:  F06-73575-T), is a third degree felony and not, as stated in counsel's brief, a state jail felony.   See Tex. Penal Code Ann. § 22.01(b)(2).   In addition, the maximum punishment for a third degree felony is ten years' imprisonment and a fine not to exceed $10,000, not life imprisonment.   Id. at § 12.34.

LANA MYERS JUSTICE