Dana Thompson, Appellant v. The State of Texas, Appellee (2011)

M E M O R A N D U M O P I N I O N

Appellant Dana Thompson was convicted of aggravated assault with a deadly weapon and was sentenced to seven years' imprisonment.   Appellant's appointed attorney has filed a brief concluding that the appeal is frivolous and without merit.

Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 743–44 (1967), by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced.   See Penson v. Ohio, 488 U.S. 75, 80 (1988);  Anders, 386 U.S. at 743–44;  High v. State, 573 S.W.2d 807, 811–13 (Tex.Crim.App.1978);  Currie v. State, 516 S.W.2d 684, 684 (Tex.Crim.App.1974);  Gainous v. State, 436 S.W.2d 137, 138 (Tex.Crim.App.1969).   Appellant's attorney sent appellant a copy of the brief and advised her that she had the right to examine the record and file a pro se brief.   See Anders, 386 U.S. at 744;  Jackson v. State, 485 S.W.2d 553, 553 (Tex.Crim.App.1972).   No pro se brief has been filed.

We have considered the record, the procedures that were observed by the trial court, and counsel's brief, and we agree that the appeal is frivolous and without merit.   We grant counsel's motion to withdraw and affirm the judgment of conviction.¹

FOOTNOTES

FN1. No substitute counsel will be appointed.   Should appellant wish to seek further review of her case by the court of criminal appeals, she must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review.   See generally Tex.R.App. P. 68–79 (governing proceedings in the Texas Court of Criminal Appeals).   Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the date this Court overrules the last timely motion for rehearing filed.   See Tex.R.App. P. 68.2.   The petition must be filed with this Court, after which it will be forwarded to the court of criminal appeals along with the rest of the filings in the cause.   See Tex.R.App. P. 68.3, 68.7.   Any petition for discretionary review should comply with rules 68.4 and 68.5 of the rules of appellate procedure.   See Tex.R.App. P. 68.4, 68.5..  FN1. No substitute counsel will be appointed.   Should appellant wish to seek further review of her case by the court of criminal appeals, she must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review.   See generally Tex.R.App. P. 68–79 (governing proceedings in the Texas Court of Criminal Appeals).   Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the date this Court overrules the last timely motion for rehearing filed.   See Tex.R.App. P. 68.2.   The petition must be filed with this Court, after which it will be forwarded to the court of criminal appeals along with the rest of the filings in the cause.   See Tex.R.App. P. 68.3, 68.7.   Any petition for discretionary review should comply with rules 68.4 and 68.5 of the rules of appellate procedure.   See Tex.R.App. P. 68.4, 68.5.

David Puryear, Justice