Opinion
No. 05-03-00125-CR
Opinion Filed May 21, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause No. F01-55387-IL.
Affirmed.
Before Chief Justice THOMAS and Justices FRANCIS and LANG.
MEMORANDUM OPINION
Damion Deon Calhoun appeals his conviction for burglary of a habitation. Appellant entered a negotiated guilty plea to the offense. In accordance with the plea bargain agreement, the trial court assessed punishment at ten years confinement, probated for five years, and assessed a $1000 fine. During the term of probation, the State filed a motion to revoke probation alleging appellant committed ten violations of the terms and conditions of his probation. Appellant entered pleas of true to eight of the violations and entered a plea of not true to two alleged violations, including an allegation that he participated in an aggravated robbery. After conducting a hearing, the trial court accepted appellant's pleas, revoked appellant's probation, and assessed punishment at ten years confinement and a $1000 fine. Appellant is now appealing the trial court's judgment revoking probation. Appellant's attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response. Appellant, however, did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's judgment.