Raymond Joseph Schwarzburg v. State of Texas ( 2007 )

Opinion filed November 29, 2007

Opinion filed November 29, 2007

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                                          No. 11-07-00217-CR

                                                    __________

                      RAYMOND JOSEPH SCHWARZBURG, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 221st District Court

                                                    Montgomery County, Texas

                                          Trial Court Cause No. 06-02-01046-CR

                                                                   O P I N I O N

The trial court convicted Raymond Joseph Schwarzburg, upon his plea of guilty, of sexual assault of a child as a repeat sex offender.  A plea bargain agreement was not reached.  The trial court found the enhancement allegation to be true and assessed his punishment at confinement for life.  We affirm.

Appellant=s court-appointed counsel has filed a motion to withdraw.  The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous.  Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel=s brief.  A response has not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit.  We note that counsel has the responsibility to advise appellant that he may file a petition for discretionary review by the Texas Court of Criminal Appeals.  Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006).  Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to Tex. R. App. P. 66.  Black v. State, 217 S.W.3d 687 (Tex. App.CEastland 2007, no pet.).

The motion to withdraw is granted, and the judgment is affirmed.

PER CURIAM

November 29, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.