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Edwin Seward v. State ( 2010 )


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  •                               NO. 07-09-00378-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
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JUNE 18, 2010
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EDWIN D. SEWARD, JR., APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
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FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2008-421,445; HONORABLE CECIL G. PURYEAR, JUDGE
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Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Edwin D. Seward, Jr., was indicted on two counts of arson.  Prior to trial, appellant and his trial counsel advised the trial court that appellant would enter a plea of guilty without any recommendation as to punishment.  After admonishing appellant, the trial court proceeded to hear the evidence regarding punishment.  Appellant was found guilty of arson and sentenced to serve 20 years in the Institutional Division of the Texas Department of Criminal Justice.  It is from this judgment that appellant appeals.  We affirm the trial court's judgment.
Appellants attorney has filed an Anders brief and a motion to withdraw.  Anders v. California,
    386 U.S. 738
    ,
    87 S. Ct. 1396
    ,
    18 L. Ed. 2d 498 
    (1967).  In support of his motion to withdraw, counsel certifies that he has diligently reviewed the record, and in his opinion, the record reflects no reversible error upon which an appeal can be predicated.
    Id. at 744-45. 
     In compliance with High v. State,
    573 S.W.2d 807
    , 813 (Tex.Crim.App. 1978), counsel has candidly discussed why, under the controlling authorities, there is no error in the trial courts judgment.  Additionally, counsel has certified that he has provided appellant a copy of the Anders brief and motion to withdraw and appropriately advised appellant of his right to file a pro se response in this matter.  Stafford v. State,
    813 S.W.2d 503
    , 510 (Tex.Crim.App. 1991).  The court has also advised appellant of his right to file a pro se response.  Appellant has not filed a response.
By his Anders brief, counsel raised three grounds that could possibly support an appeal, but concludes the appeal is frivolous.  We have reviewed these grounds 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 and agree with counsel that the appeal is frivolous.
Accordingly, counsels motion to withdraw is hereby granted and the trial courts judgment is affirmed.
Mackey K. Hancock
Justice
Do not publish.