Robert Earl Warrick, Jr. v. State

143 S.W.3d 350, 2004 Tex. App. LEXIS 6914, 2004 WL 1689518

Opinions

MEMORANDUM OPINION

BILL VANCE, Justice.

Appellant Robert Earl Warrick, Jr. was convicted of indecency with a child and sentenced to ten years in prison. Appellant’s counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We will affirm.

The brief thoroughly reviews the (1) indictment and statutes under which Appel lant was charged, (2) the waiver of a trial by jury, (3) the sufficiency of the admonishments, (4) the sufficiency of the evidence to support the conviction, and (5) the punishment assessed. In the brief, counsel states that he “has diligently reviewed the record in this case” and that he is unable to find any error which he, in good faith, can urge as warranting a reversal of the judgment. See id. at 744, 87 S.Ct. 1396. The State filed a waiver of its right to file a brief.

We have conducted an independent review of the record to discover whether there are arguable grounds for appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.1991). We determine that there are none. The indictment and motion to revoke invoked the district court’s jurisdiction, and that court assessed punishment within the range of punishment for the offense based on Appellant’s plea bargain.

Accordingly, we affirm the judgment. Counsel must advise Appellant of our decision and of his right to file a petition for discretionary review. See Sowels v. State, 45 S.W.3d 690, 694 (Tex.App.-Waco 2001, no pet.).

Chief Justice GRAY dissenting.