in Re Commitment of Phillip Falcon Jr.

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-18-00049-CV

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IN RE COMMITMENT OF PHILLIP FALCON JR.

On Appeal from the 1A District Court Newton County, Texas

Trial Cause No. 14129

MEMORANDUM OPINION

A jury found beyond a reasonable doubt that Phillip Falcon Jr. (Falcon or Appellant) is a sexually violent predator. The trial court rendered a final judgment and an order of civil commitment. We affirm.

After perfecting appeal, Falcon’s appellate counsel filed a brief certifying that the appeal is frivolous. Appellate counsel’s brief presents counsel’s professional evaluation of the record and asks this Court to accept the Anders brief. See Anders v. California, 386 U.S. 738 (1967); In re Commitment of Rayson, No. 09-06-081- CV, 2007 Tex. App. LEXIS 2168 (Tex. App.—Beaumont Mar. 22, 2007, no pet.) (mem. op.) (applying Anders procedure in a Chapter 841 civil-commitment appeal).

2

On August 8, 2018, we granted leave to Falcon to file a pro se brief. On October 11, 2018, Appellant filed his pro se response which we have reviewed for arguable error.

We have reviewed the entire appellate record and determined that this appeal is wholly frivolous. We conclude that the Anders brief filed by appellate counsel adequately presents the case, and additional briefing will not aid in the satisfactory submission on appeal. See Tex. R. App. P. 38.9. We find no arguable error requiring further action in this case. The judgment of the trial court is affirmed.

AFFIRMED.

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LEANNE JOHNSON

Justice

Submitted on November 13, 2018 Opinion Delivered November 29, 2018

Before Kreger, Horton, and Johnson, JJ.