Timothy Lewis Wade v. State

• Court: Court of Appeals of Texas
• Decided: August 27, 2009
• Docket: 14-08-00545-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed August 27, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00545-CR

TIMOTHY LEWIS WADE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 1096041

M E M O R A N D U M   O P I N I O N

A jury convicted appellant of aggravated assault.  Appellant entered a plea of true to two enhancement paragraphs.  On June 4, 2008, the trial court sentenced appellant to confinement for forty-five years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a timely notice of appeal.

Appellant=s appointed counsel filed a brief in which he concludes this appeal is wholly frivolous and without merit.  The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807, 811-12 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  The record was provided to appellant.  On August 7, 2009, appellant filed a pro se response to counsel=s brief.

We have carefully reviewed the record, counsel=s brief, and appellant=s response, and agree the appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state.  We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review.  See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005). 

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Justices Anderson, Guzman, and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).