Opinion
No. 10-03-00345-CR
Opinion delivered and filed January 5, 2005. DO NOT PUBLISH.
Appeal from the 283rd District Court, Dallas County, Texas, Trial Court # F03-71956-HT. Affirmed.
Malcolm Bernard Crook, Pro Se, Tennessee Colony, TX, for Appellant/Relator. Bill Hill, Dallas County District Attorney, Dallas, TX, for Appellee/Respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Appellant appeals his conviction for burglary of a habitation. Appellant's counsel filed an Anders brief. See Anders v. California, 386 U.S. 738 (1967). We will affirm. The brief reviews: (1) the effect of Appellant's guilty plea and plea of true to the enhancement paragraph, (2) the indictment, (3) objections at trial, (4) the trial court's admonitions, (5) Appellant's competency, (6) the sentence, and (7) assistance of trial counsel. Counsel states: "After a full review of the record, counsel on appeal is of the opinion that the appeal in this cause is frivolous and without merit and that there are no arguable issues which may be presented." Although counsel informed Appellant of the right to file a brief, Appellant did not file one. The State has tendered a letter that states, "The State has examined the record and agrees with appellant's counsel that the appeal of these cases [sic] is frivolous and without merit for the reason that no reversible error appears in the record." We must, "after a full examination of all the proceedings, . . . decide whether the case is wholly frivolous." Anders at 744; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex.Crim.App. 1991); Coronado v. State, 996 S.W.2d 283, 285 (Tex.App.-Waco 1999, order) (per curiam), disp. on merits, 25 S.W.3d 806 (Tex.App.-Waco 2000, pet. ref'd). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10 (1988). Arguments are frivolous when they "cannot conceivably persuade the court." Id. at 436 An appeal is not wholly frivolous when it is based on "arguable grounds." Stafford at 511. We determine that the appeal is wholly frivolous. Accordingly, we affirm. Counsel must advise Appellant of our decision and of his right to file a petition for discretionary review. See Sowels v. State, 45 S.W.3d 690, 694 (Tex.App.-Waco 2001, no pet.).