Laverne Adams Blaasse v. State

Opinion issued May

24, 2012.

In The

Court of Appeals

For The

First District of

Texas

NO. 01-10-00133-CR

____________

LAVERNE ADAMS BLAASSE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1150802

MEMORANDUM OPINION

Appellant, Laverne Adams Blassee, pleaded

guilty without an agreed punishment recommendation to theft in an amount

greater than $200,000. See Tex.

Penal Code Ann . §§ 31.03(a)(e)(7), 31.09) (Vernon 2011 & Supp.

2011). After preparation of a pretrial sentence

investigation, the trial court assessed punishment at 16 years’ confinement. Appellant timely filed a notice of appeal.

Appellant’s appointed counsel on

appeal 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. See

Anders , 386 U.S. at 744 , 87 S. Ct. at 1400 ; see also High v. State , 573 S.W.2d 807, 812 (Tex. Crim. App. 1978).

Counsel discusses the evidence in the record, supplies us with references to

the record, and provides us with citation to legal authorities. Counsel

indicates that he has thoroughly reviewed the record and that he 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, 154 (Tex. App.—Houston [1st

Dist.] 2006, no pet.).

Here, counsel’s brief reflects that he

delivered a copy of the brief to appellant and informed her of her right to examine

the appellate record and to file a response.

See id . at 408. Appellant has not filed a pro se response.

We

have independently reviewed the entire record, and we conclude that no

reversible error exists in the record, that there are no arguable grounds for

review, and that therefore the appeal is frivolous. See Anders , 386 U.S. at 744 , 87 S. Ct. at 1400 ; Garner v. State , 300 S.W.3d 763, 767

(Tex. Crim. App. 2009) (explaining that frivolity is determined by considering

whether there are “arguable grounds” for review); Bledsoe , 178 S.W.3d at 826-27 (emphasizing that reviewing court—and

not counsel—determines, after full examination of proceedings, whether the

appeal is wholly frivolous); Mitchell ,

193 S.W.3d at 155 . An appellant may

challenge a 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 827 & n.6 .

We

affirm the judgment of the trial court and grant counsel’s motion to withdraw. [1]

Attorney,

Roland Brice Moore, III, 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

Sharp and Brown.

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 Texas Court of

Criminal Appeals. See Bledsoe v. State ,

178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).