Robert Keith Brooks v. State of Texas

• Court: Court of Appeals of Texas
• Decided: November 19, 2009
• Docket: 11-09-00122-CR
• Status: Published

Opinion

Opinion filed November 19, 2009

In The

Eleventh Court of Appeals ___________

Nos. 11-09-00121-CR & 11-09-00122-CR __________

ROBERT KEITH BROOKS, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 70th District Court

Ector County, Texas

Trial Court Cause Nos. A-33,437 & A-33,438

MEMORANDUM OPINION The jury convicted Robert Keith Brooks of two offenses of aggravated assault with a deadly weapon, entered a deadly weapon finding in each case, and found the enhancement allegation in each case to be true. The jury assessed punishment at confinement for thirty years in each case. We dismiss the appeals. Appellant’s court-appointed counsel has filed a motion to withdraw in each case. The motions are supported by briefs in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeals are frivolous. Counsel has provided appellant with copies of his briefs and advised appellant of his right to review the record and file responses to counsel’s briefs. Responses have not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App.—Eastland 2005, no pet.). Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeals are without merit. We note that counsel has the responsibility to advise appellant that he may file petitions for discretionary review by the Texas Court of Criminal Appeals. Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006). Likewise, this court advises appellant that he may file petitions for discretionary review pursuant to TEX . R. APP . P. 66. Black v. State, 217 S.W.3d 687 (Tex. App.—Eastland 2007, no pet.). The motions to withdraw are granted, and the appeals are dismissed.

PER CURIAM

November 19, 2009 Do not publish. See TEX . R. APP . P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.