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Almeida v. State

Court of Appeals of Texas, Eighth District, El Paso
Aug 4, 2005
No. 08-04-00270-CR (Tex. App. Aug. 4, 2005)

Opinion

No. 08-04-00270-CR

August 4, 2005. DO NOT PUBLISH.

Appeal from 179th District Court of Harris County, Texas, (Tc# 982455).

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


OPINION


Don Almeida appeals his conviction for possession of cocaine. Appellant waived his right to a jury trial and entered a plea of guilty before the court without an agreed recommendation. The trial court sentenced Appellant to one year in the Texas Department of Criminal Justice State Jail Division. We affirm. Appellant's counsel has filed a brief in which he 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 advancing contentions which counsel says might arguably support the appeal. 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 has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. A pro se brief has been filed. The record reflects that Appellant was admonished of the consequences of his guilty plea pursuant to Article 26.13 of the Texas Code of Criminal Procedure, and Appellant made a judicial confession admitting his guilt. Based upon the record before us, the guilty plea appears to have been freely and voluntarily made by Appellant. We have carefully reviewed the record, counsel's brief, and the pro se 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. A further discussion of the arguable ground advanced in counsel's brief would add nothing to the jurisprudence of the state. The judgment is affirmed.


Summaries of

Almeida v. State

Court of Appeals of Texas, Eighth District, El Paso
Aug 4, 2005
No. 08-04-00270-CR (Tex. App. Aug. 4, 2005)
Case details for

Almeida v. State

Case Details

Full title:DON ALMEIDA, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 4, 2005

Citations

No. 08-04-00270-CR (Tex. App. Aug. 4, 2005)