Opinion
No. 10-05-00276-CR.
Opinion delivered and filed January 10, 2007. Do Not Publish.
Appeal from the 213th District Court, Tarrant County, Texas, Trial Court No. 0745963D.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
(Chief Justice Gray concurs in the judgment without a separate opinion.).
MEMORANDUM OPINION
Appellant Carlton Brown was indicted for felony DWI, a third-degree felony. Brown pled guilty with a plea bargain agreement. The trial court placed Brown on community supervision for ten years with numerous terms and conditions, and fined him $1,250. In 2004, the State petitioned to revoke Brown's community supervision, alleging that he had violated the terms and conditions by committing the offense of DWI, leaving Tarrant County without authorization, and driving a vehicle without an ignition interlock device. The trial court revoked Brown's community supervision, sentenced him to four years in prison, then gave Brown permission to appeal. Brown's counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Counsel, in his brief, discusses why counsel concludes that the record does not present any arguable issues. We have conducted an independent review of the record to determine 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. Accordingly, we affirm the judgment. Counsel must advise Brown of our decision and of his right to file a pro se petition for discretionary review. See Meza v. State, ___ S.W.3d ___, ___ n. 23, 2006 WL 2686519, at *3 n. 23 (Tex.Crim.App. Sept. 20, 2006); Ex parte Owens, ___ S.W.3d ___, ___, 2006 WL 2619989, at *1 (Tex.Crim.App. Sept. 13, 2006). We grant counsel's motion to withdraw, effective upon counsel's advising Brown of our decision and of his right to file a pro se petition for discretionary review. See Meza, ___ S.W.3d at ___, 2006 WL 2686519, at *3. Affirmed; motion to withdraw granted