Kevin Cobb, Appellant v. The State of Texas, Appellee (2015)

MEMORANDUM OPINION

Appellant, Kevin Cobb, was convicted of violation of a protective order ¹ and sentenced to serve 365 days in the Travis County jail and pay a fine of $400.   Appellant has perfected his appeal.   We will affirm.

Appellant's attorney has filed an Anders brief and a motion to withdraw.   Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 498 (1967).   In support of his motion to withdraw, counsel certifies that he has diligently reviewed the record, and in his opinion, the record reflects no reversible error upon which an appeal can be predicated.  Id. at 744–45.   In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App.1978), counsel has candidly discussed why, under the controlling authorities, there is no error in the trial court's judgment.

By his Anders brief, counsel raises grounds that could possibly support an appeal, but concludes the appeal is frivolous.   We have reviewed these grounds and made an independent review of the entire record to determine whether there are any arguable grounds which might support an appeal.   See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988);  Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App.2005).   We have found no such arguable grounds and agree with counsel that the appeal is frivolous.²

Counsel has certified that he has provided appellant a copy of the Anders brief and motion to withdraw and appropriately advised appellant of his right to file a pro se response in this matter.  Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App.1991).   The Court has also advised appellant of his right to file a pro se response.   Additionally, appellant's counsel has certified that he has provided appellant a copy of the record to use in preparation of a pro se response.   See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex.Crim.App.2014).   Appellant has not filed a response.

Counsel's motion to withdraw is hereby granted, and the trial court's judgment is affirmed.

FOOTNOTES

1.   See Tex. Penal Code AnnN. § 25.07(a)(2)(C) (West Supp.2014).

2.   Counsel shall, within five days after this opinion is handed down, send his client a copy of the opinion and judgment, along with notification of appellants right to file a pro se petition for discretionary review.   See Tex.R.App. P. 48.4.

Mackey K. Hancock, Justice