No. 13-05-349-CR
Memorandum Opinion Delivered and Filed August 17, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 329th District Court of Wharton County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and CASTILLO.
Memorandum Opinion by Justice YAÑEZ.
Appellant, Thomas Phillip Allen, pleaded guilty to the offense of possession of a controlled substance with intent to deliver in a drug-free zone, enhanced by several prior felonies. The trial court accepted appellant's plea, found him guilty, and sentenced him to thirty-five years' imprisonment. Appellant's counsel has filed a brief with this Court asserting there is no basis for appeal. We agree, and affirm the trial court's judgment.
See Tex. Health Safety Code Ann. § 481.112(d) (Vernon 2003); TEX. PEN. CODE ANN. § 481.134 (Vernon Supp. 2005) (providing that when certain offenses are committed in a drug-free zone, punishment for the offenses may be enhanced).
Anders Brief
According to counsel's brief, he has reviewed the clerk's record and reporter's record and has concluded that appellant's appeal is frivolous and without merit. The brief meets the requirements of Anders, as it presents a professional evaluation showing why there are no arguable grounds for advancing an appeal. In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App. 1978), counsel has carefully discussed why, under controlling authority, there are no errors in the trial court's judgment. In the brief, appellant's counsel states that he has informed appellant of his right to review the appellate record and to file a pro se brief. No such brief has been filed. Upon receiving a "frivolous appeal" brief, the appellate courts must conduct "a full examination of all the proceedings to decide whether the case is wholly frivolous." We have carefully reviewed the appellate record and counsel's brief. We agree with appellant's counsel that the appeal is wholly frivolous and without merit. Accordingly, we affirm the judgment of the trial court. Motion to Withdraw
In accordance with Anders, counsel has asked permission to withdraw as counsel for appellant. An appellate court may grant counsel's motion to withdraw filed in connection with an Anders brief. We grant counsel's motion to withdraw. We order counsel to advise appellant promptly of the disposition of this case and the availability of discretionary review.