Richard, Donald P. v. State

• Court: Court of Appeals of Texas
• Decided: May 30, 2002
• Docket: 01-00-01014-CR
• Status: Published

Opinion

Opinion issued May 30, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-00-01014-CR

DONALD P. RICHARD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court

Harris County, Texas

Trial Court Cause No. 830366

O P I N I O N

Appellant, Donald P. Richard, appeals his conviction for attempted capital murder. Trial was presented to a jury on a plea of not guilty. The jury assessed punishment at 99 years confinement.

On appeal, appellant's counsel submitted a brief to support his motion to withdraw from further representation because of the lack of a meritorious point of error. Realizing his duty to advance arguable grounds of error, counsel states he can find none.

Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and stating why there are no arguable grounds of error on appeal. See Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).

Counsel certifies that the brief was delivered to appellant, and he was advised that he had a right to file a pro se response if he acted immediately. Significant time has passed and appellant has not filed a response.

In situations as presented here our obligation is to review the record for reversible error. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We have carefully read and reviewed the entire record in this matter, and we concur with appellant's counsel's assessment that there are no arguable grounds of error that could be presented on appeal.

We affirm the judgment and grant counsel's request to withdraw from any further representation in this matter. We remind counsel of his duty to notify appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

PER CURIAM

Panel consists of Chief Justice Schneider, and Justices Hedges and Nuchia.

Do not publish. Tex. R. App. P. 47.