In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-13-00254-CR 

EDDIE JONES, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 137th District Court 

Lubbock County, Texas 

Trial Court No. 2011-432,527, Honorable John J. "Trey" McClendon, Presiding 

 

July 10, 2014 

 

MEMORANDUM OPINION 

 

Before CAMPBELL and HANCOCK, JJ. and BOYD, S.J.1 

Appellant Eddie Jones was convicted by jury of sexual assault of a child.2 After 

appellant plead true to an enhancement conviction, the trial court assessed punishment

at imprisonment for life. His court-appointed appellate counsel has filed a motion to 

 

1

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

2

TEX. PENAL CODE ANN. § 22.011(a)(2)(A) (West 2013).
2

withdraw and an Anders3brief. We will grant counsel's motion to withdraw and affirm 

the judgment of the trial court.

At trial, evidence showed that in November 2010, fifty-five-year-old appellant 

sexually assaulted a sixteen-year-old girl, L.S.B. In February 2011, L.S.B. learned she 

was pregnant. She delivered her child in August of that year. 

In September 2011, L.S.B. reported the assault to police. The case went to trial 

in June 2013. L.S.B. testified to every element of the offense alleged in the indictment, 

including forcible vaginal penetration that occurred on a street in Slaton, Lubbock 

County, in November 2010. She identified appellant as the person who assaulted her 

and a forensic DNA expert testified to appellant’s identity as the father of the child.

Other witnesses corroborated L.S.B.’s testimony. And appellant acknowledged his 

paternity in letters written from jail.

Following his conviction, appellant filed notice of appeal. Thereafter, appellant's 

appointed appellate counsel filed a motion to withdraw and a brief in support pursuant to 

Anders in which he certifies that he has diligently reviewed the record and, in his 

professional opinion, under the controlling authorities and facts of the case, there is no 

reversible error or legitimate ground on which a non-frivolous appeal can arguably be 

predicated. The brief discusses in detail the procedural history of the case and the 

events at trial. Counsel discusses the applicable law and sets forth the reasons he 

believes there are no arguably meritorious issues on which to appeal. Counsel has 

certified that a copy of the Anders brief and motion to withdraw have been served on 

 

3

Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); see In re 

Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008).
3

appellant, and that counsel has advised appellant of his right to review the record and 

file a pro se response. Johnson v. State, 885 S.W.2d 641, 645 (Tex. App.—Waco 1994, 

pet. ref'd). By letter, this Court also notified appellant of his opportunity to submit a 

response to the Anders brief and motion to withdraw filed by his counsel. Appellant has 

not filed a response.

In conformity with the standards set out by the United States Supreme Court, we 

will not rule on counsel’s motion to withdraw until we have independently examined the 

record. Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.). If 

this Court determines the appeal arguably has merit, we will remand it to the trial court 

for appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. 

App.1991).

By his Anders brief, counsel raises several grounds that could possibly support 

an appeal, but explains why he concludes none show arguably reversible error. He 

concludes the appeal is frivolous. We have reviewed each ground raised by counsel 

and made an independent review of the entire record to determine whether there are 

any arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 

75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824 (Tex. 

Crim. App. 2005). We have found no such arguable grounds supporting a claim of 

reversible error, and agree with counsel that the appeal is frivolous. 
4

Accordingly, we grant counsel's motion to withdraw4and affirm the judgment of 

the trial court.

James T. Campbell

 Justice

Do not publish.

 

4 Counsel shall, within five days after the opinion is handed down, send his client a copy of the 

opinion and judgment, along with notification of the defendant's right to file a pro se petition for 

discretionary review. TEX. R. APP. P. 48.4.