## In The Court of Appeals Seventh District of Texas at Amarillo

No. 07
- 13
- 00254
- CR
EDDIE JONES, APPELLA NT 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 enha ncement 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 T EX
. P ENAL C ODE A NN
. § 22.011(a)(2)(A) (West 2013).2

withdraw and an Anders 3 brief. 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 as saulted a sixteen
- year - old girl, L.S.B. In February 2011, L.S.B. learn ed 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. te stified to every element of the offense alleged in the indictment, includin g fo rcible 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 a ppellant ’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, a ppellant filed notice of appeal. Thereafter, appellant's appointed appellate counsel filed a motion to with draw 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, 8 85 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. Appe llant 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 determ ines 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 arguabl y 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 d etermine 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 supportin g a claim of reversible error, and agree with counsel that the appeal is frivolous.4

Accordingly, we grant counsel's motion to withdraw 4 and 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 notificati on of the defendant's right to file a pro se petition for discretionary review. T EX
. R. A PP
. P. 48.4.