## NO. 12

- 14

- 00124

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DARREN O'KEITH MCDAN IEL, APPELLANT

V.
THE STATE OF TEXAS, APPELLEE §

§

§ APPEAL FROM THE 7TH

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM O PINION PER CURIAM Darren McDaniel appeals his conviction for aggravated sexual assault of a disabled individual, for which he was sentenced to imprisonment for twenty

- five years. Appellant’s counsel filed a brief in compliance with Anders v. California
, 386 U.S. 738, 87 S. Ct. 1396, 18
L. Ed. 2d 493 (1967) and Gainous v. State , 436 S.W.2d 137 (Tex. Crim. App. 1969). We affirm.

B ACKGROUND Appellant was charged by indictment with aggravated sexual assault of a disabled individual and pleaded “guilty.” T he trial court accepted Appellant’s plea and found Appellant to be “guilty” as charged. The matter proceeded to a punishment hearing. At the conclusion of the punishment hearing, the trial court sentenced Appellant to imprisonment for twenty

- five

years, and this appeal followed.

A NALYSIS P URSUANT TO A NDERS V
. C ALIFORNIA Appellant’s counsel filed a brief in compliance with Anders v. California and Gainous v.
State . Appellant’s counsel states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in this case.2

In compliance with Anders
, Gainous , and High v. State , 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), Appellant’s brief presents a chronological summation of the procedural history of the case and further states that Appellant’s counsel is unable to raise any arguable issues for appeal. 1 We have likewis e reviewed the record for reversible error and have found

none.

C ONCLUSION As required by Stafford v. State , 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant’s
counsel has moved for leave to withdraw. See also In re Schulman , 252 S.W.3d 403, 407 (Tex.
C rim. App. 2008) (orig. proceeding). We carried the motion for consideration with the merits. Having done so and finding no reversible error, we grant Appellant’s counsel’s motion for leave
to withdraw and affirm the trial court’s judgment.
As a result o f our disposition of this case, Appellant’s counsel has a duty to, within five days of the date of this opinion, send a copy of the opinion and judgment to Appellant and advise him of his right to file a petition for discretionary review. See T EX

. R. A PP

. P. 48.4; In re Schulman , 252 S.W.3d at 411 n.35. Should Appellant wish to seek review of this case by the Texas Court of Criminal Appeals, he must either retain an attorney to file a petition for discretionary review on his behalf or he must file a petit ion for discretionary review pro se. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing that was overruled by this court. See T EX

. R. A PP

. P. 68.2. Any peti tion for discretionary review must be filed with the Texas Court of Criminal Appeals. See T EX

. R. A PP

. P. 68.3(a). Any petition for discretionary review should comply with the requirements of Texas Rule of Appellate Procedure 68.4. See In re Schulman , 2 52 S.W.3d
at 408 n.22. Opinion delivered August 12, 2015

. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

1 Counsel for Appellant sets forth in his motion to withdraw tha t he provided Appellant with a copy of this brief. Appellant was given time to file his own brief in this cause. The time for filing such a brief has expired and we have received no pro se brief.

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

AUGUST 12 , 2015

NO. 12

- 14

- 00124

- CR

DARR EN O'KEITH MCDANIEL,

Appellant V. THE STATE OF TEXAS, Appellee

Appeal from the 7th District Court of Smith County, Texas (Tr.Ct.No. 007

- 1572

- 13) THIS CAUSE came to be heard on the appellate record and brief filed herein, and the same being considered, it is the opinion of this court that there was no error in the judgment. It is therefore ORDERED, ADJUDGED and DECREED that the judgment
of the court below be in all things affirmed
, a nd that this decision be certified to the court
below for observance.

By p er curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.