Joseph Bernard Cooper, Appellant v. The State of Texas, Appellee (2015)

MEMORANDUM OPINION

A jury convicted Joseph Bernard Cooper of aggravated assault with a deadly weapon and assault causing bodily injury.   The trial court found that Cooper had two prior felony convictions and sentenced Cooper to seventy-five years in prison for aggravated assault and six months in county jail for misdemeanor assault, to run concurrently.   Cooper's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes Cooper's appeal is frivolous.   See Anders v. California, 386 U.S. 738 (1967);  High v. State, 573 S.W.2d 807 (Tex.Crim.App.1978).   Cooper filed a pro se brief in response.

The Texas Court of Criminal Appeals has held that we need not address the merits of issues raised in Anders briefs or pro se responses.  Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.Crim.App.2005).   Rather, we may determine that:  (1) “the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error”;  or (2) “arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues.”  Id.  We have determined that this appeal is wholly frivolous.   We have independently examined the clerk's record and the reporter's record, and we agree that no arguable issues support the appeal.   We find it unnecessary to order appointment of new counsel to re-brief the appeal.   Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.1991).   We affirm the trial court's judgment.¹

AFFIRMED.

FOOTNOTES

1.   Cooper may challenge our decision by filing a petition for discretionary review.   See Tex.R.App. P. 68.

STEVE McKEITHEN, Chief Justice