In Matter of D.J.

Court of Appeals of Texas, Tenth District, WacoOct 27, 2004
No. 10-03-00112-CV (Tex. App. Oct. 27, 2004)

No. 10-03-00112-CV

Opinion delivered and filed October 27, 2004.

Appeal from the 52nd District Court, Coryell County, Texas, Trial Court # Jv-01-1498.

Affirmed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


D.J. appeals the trial court's order adjudicating him delinquent by committing the offense of aggravated robbery and the court's disposition order placing him in the Texas Youth Commission for a determinate sentence not to exceed 15 years. We affirm.

D.J.'s appointed counsel on appeal filed an Anders brief. See Anders v. California, 386 U.S. 738 (1967); In re D.A.S., 973 S.W.2d 296, 299 (Tex. 1998) ( Anders procedure applies to juvenile proceedings). Counsel furnished a copy of the brief to D.J. and his guardian ad litem, and counsel's motion to withdraw includes his letter to D.J. informing him of his right to review the record and to file a brief. See Anders at 744; D.A.S., at 299; Ayala v. State, 633 S.W.2d 526, 527 (Tex.Crim.App. 1982); Sowels v. State, 45 S.W.3d 690, 694 (Tex.App.-Waco 2001, no pet.); but see id. at 692 (court of appeals does not have authority to grant motion to withdraw by counsel appointed by trial court). Neither D.J. nor his guardian ad litem filed a brief or other response. The State did not file a response. See Sowels at 694.

Counsel's brief states that counsel reviewed the record for issues of arguable merit. Counsel concludes, "no arguable points of error can be found."

We have conducted an independent review of the record to discover whether there are arguable grounds for appeal. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991); see also Anders, 386 U.S. at 744. We determine that there are none.

Accordingly, we affirm the judgment.