Opinion
No. 10-03-00122-CR
Opinion delivered and filed October 13, 2004. DO NOT PUBLISH.
Appeal from the 252nd District Court, Jefferson County, Texas, Trial Court # 81952. Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Appellant Albert James III pled guilty to possession of a controlled substance in a correctional facility. Tex. Pen. Code Ann. § 38.11(b) (Vernon 2004). Judgment was initially deferred and James was placed on probation for a period of five years and ordered to pay a $1,000 fine. The State filed a subsequent motion to revoke the probation based on new felony charges. The trial court accepted James's plea of true to the new indictments and sentenced James to a two-year prison term. James's counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1976). We will affirm. The brief thoroughly reviews the indictment and statutes under which James was charged, the waiver of a trial by jury, the sufficiency of the admonishments, and the punishment assessed. In the brief, counsel states that "[a]fter diligently reviewing the record in this case and researching the applicable law, [he] has found no reversible error committed by the trial court and no arguable grounds of error." See id. at 744. 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). We determine there are none. The indictment and motion to revoke invoked the district court's jurisdiction, and that court assessed punishment within the range of punishment for the offense based on James's plea bargain. Accordingly, we affirm the judgment. Counsel must advise James 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.).