Michael Edward Church, Appellant v. The State of Texas, Appellee (2012)

M E M O R A N D U M O P I N I O N

Appellant, Michael Edward Church, was convicted by a jury of the third degree felony offense of stalking.   See Tex. Penal Code Ann. § 42.072 (West Supp.2012).   Appellant opted to have the court assess punishment and the trial court assessed his punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for ten years.   See id. § 12.34 (West 2011).

Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit.   The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.   See Anders v. California, 386 U.S. 738, 744 (1967);  Garner v. State, 300 S.W.3d 763, 766 (Tex.Crim.App.2009);  see also Penson v. Ohio, 488 U.S. 75 (1988).   Appellant's counsel mailed appellant a copy of the brief along with a letter advising appellant of his right to examine the appellate record and file a pro se brief.   See Anders, 386 U.S. at 744;  Garner, 300 S.W.3d at 766.   No pro se brief or other written response has been filed.

We have conducted an independent review of the record and find no reversible error.   See Anders, 386 U.S. at 744;  Garner, 300 S.W.3d at 766;  Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.Crim.App.2005).   We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.   Counsel's motion to withdraw is granted.   The judgment of conviction is affirmed.

Melissa Goodwin, Justice