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Roy v. State

Court of Appeals of Texas, Eighth District, El Paso
May 8, 2003
No. 08-02-00417-CR (Tex. App. May. 8, 2003)

Opinion

No. 08-02-00417-CR.

May 8, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

Appeal from the Criminal District Court No. 1 of Dallas County, Texas (TC# F01-76403-VH).

Before BARAJAS, C.J. and LARSEN and CHEW, JJ.


MEMORANDUM OPINION


Appellant waived trial by jury and entered an open plea of guilty before the court to the offense of possession of a controlled substance, dronabinol — enhanced by the allegation of a prior felony conviction. He was convicted, and the court assessed punishment at ten (10) years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice and a fine of $1,000. We affirm the judgment of the trial court. Appellant's court-appointed counsel has filed a brief in which she has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). A copy of counsel's brief and the appellate record have been delivered to Appellant, and Appellant has been advised of his right to file a pro se brief. No pro se brief has been filed. The record reflects that Appellant was admonished of the consequences of his plea pursuant to Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp 2003), and Appellant made a judicial confession admitting his guilt. We have carefully reviewed the record and counsel's brief and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment is affirmed.


Summaries of

Roy v. State

Court of Appeals of Texas, Eighth District, El Paso
May 8, 2003
No. 08-02-00417-CR (Tex. App. May. 8, 2003)
Case details for

Roy v. State

Case Details

Full title:GRADY WARREN ROY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: May 8, 2003

Citations

No. 08-02-00417-CR (Tex. App. May. 8, 2003)