Opinion issued May 12, 2015

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-14-00295-CR

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SIDNEY CHARLES JONES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Case No. 1408944

MEMORANDUM OPINION

Appellant, Sidney Charles Jones, appeals from his conviction for assault of a 

family member. See TEX. PENAL CODE ANN. § 22.01(a), (b)(2) (West 2014). 

Appellant entered an open plea of guilty to the court with no recommendation as to 
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punishment. The trial court sentenced appellant to 2 years’ confinement. The trial 

court certified appellant’s right to appeal. Appellant filed a timely notice of 

appeal.

Appellant’s court-appointed appellate counsel has filed a motion to 

withdraw, along with an Anders brief stating that the record presents no reversible 

error and therefore the appeal is without merit and is frivolous. See Anders v. 

California, 386 U.S. 738, 87 S. Ct. 1396 (1967). 

Counsel’s brief meets the Anders requirements by presenting a professional 

evaluation of the record and supplying us with references to the record and legal 

authority. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 

573 S.W.2d 807, 812−13 (Tex. Crim. App. 1978). Counsel indicates that he has 

thoroughly reviewed the record and is unable to advance any grounds of error that 

warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 

193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). 

Counsel has also informed us that he delivered a copy of the brief to 

appellant and informed him of his right to examine the appellate record and to file 

a response. See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).

Appellant has not filed a pro se response.

We have independently reviewed the entire record in this appeal, and we 

conclude that (1) no reversible error exists in the record, (2) there are no arguable 
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grounds for review, and (3) therefore the appeal is frivolous. See Anders, 386 U.S. 

at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court―not 

counsel―determines, after full examination of proceedings, whether appeal is 

wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) 

(reviewing court must determine whether arguable grounds for review exist); 

Bledsoe v. State, 178 S.W.3d 824, 826−27 (Tex. Crim. App. 2005) (same); 

Mitchell, 193 S.W.3d at 155 (same). Appellant may challenge our holding that 

there are no arguable grounds for appeal by filing a petition for discretionary 

review in the Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.

We affirm the judgment of the trial court and grant counsel’s motion to 

withdraw.

1 Attorney Ellis McCullough must immediately send the notice required 

by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the 

Clerk of this Court. See TEX. R. APP. P. 6.5(c).

PER CURIAM

Panel consists of Chief Justice Radack and Justices Brown and Lloyd.

Do not publish. TEX. R. APP. P. 47.2(b).

 

1 Appointed counsel still has a duty to inform appellant of the result of this appeal 

and that he may, on his own, pursue discretionary review in the Court of Criminal 

Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).