James Rogers, Appellant v. The State of Texas, Appellee (2013)

M E M O R A N D U M O P I N I O N

A jury convicted James Rogers of the offenses of aggravated assault and unlawful possession of a firearm by a felon and assessed his punishment at seventy-five years' imprisonment on each count.   See Tex. Penal Code §§ 22.02, 46.04.

Rogers's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that this appeal is frivolous and without merit.   The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.   See also Penson v. Ohio, 488 U.S. 75 (1988);  High v. State, 573 S.W.2d 807 (Tex.Crim.App.1978);  Currie v. State, 516 S.W.2d 684 (Tex.Crim.App.1974);  Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App.1972);  Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App.1969).   Counsel sent a copy of the brief to Rogers and advised him of his right to examine the appellate record and to file a pro se brief.   See Anders, 386 U.S. at 744.   Rogers requested and received two extensions of time to file his pro se brief but did not file it.

We have reviewed the record and find no reversible error.   See Garner v. State, 300 S.W.3d 763, 766 (Tex.Crim.App.2009);  Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.Crim.App.2005).   We agree with counsel that the appeal is frivolous, and her motion to withdraw is granted.   The judgment of conviction is affirmed.

Jeff Rose, Justice