Opinion
No. 05-02-01759-CR
Opinion Filed July 8, 2003 Do Not Publish
On Appeal from the 366th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-81219-98. AFFIRMED
Before Justices Morris, Wright, and Moseley
MEMORANDUM OPINION
In this case, Barry Lynn Gaines appeals the revocation of his community supervision. After a non-jury trial, the trial court convicted appellant of felony driving while intoxicated. The court assessed punishment at five years' imprisonment, probated for five years, and a $500 fine. Later, the State filed a motion to revoke community supervision. Appellant entered negotiated pleas of true to the State's allegations. The trial court found the allegations true, revoked appellant's community supervision, followed the plea bargain agreement, and assessed punishment at two years' imprisonment. Appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response. Appellant, however, did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's judgment.