Tori Devon Busby v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2010
• Docket: 14-09-00816-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed August 31, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00816-CR

TORI DEVON BUSBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 1107445

MEMORANDUM OPINION

Appellant entered a plea of guilty to aggravated assault with a deadly weapon.  The trial court deferred adjudication of guilt and placed appellant under community supervision for a period of four years.  Subsequently, the State moved to adjudicate guilt.  Appellant entered a plea of true to the State’s allegations.  The trial court proceeded to adjudicate appellant guilty, sentenced him to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $200. Appellant filed a timely notice of appeal.

Appellant=s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement 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 (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. (Tex. Crim. App.1991). As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. We need not 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 Seymore, Boyce, and Christopher.

Do Not Publish — Tex.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