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Carter v. State

Court of Appeals of Texas, Eighth District, El Paso
Feb 25, 2004
No. 08-02-00119-CR (Tex. App. Feb. 25, 2004)

Opinion

No. 08-02-00119-CR.

February 25, 2004. DO NOT PUBLISH.

Appeal from the 238Th District Court of Midland County, Texas, (TC# CR-26,337).

Before Panel No. 4: BARAJAS, C.J., LARSEN, and McCLURE, JJ.


MEMORANDUM OPINION


This is an appeal from a conviction for the offense of possession of marijuana in an amount of more than four ounces and less than five pounds. Following a jury trial, Appellant was convicted of possession of marijuana, a state jail felony and the jury set punishment at confinement in the State Jail Division of the Texas Department of Criminal Justice for 180 days and a $450 fine. We affirm the judgment of the trial court. Appellant's court-appointed 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 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 has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been filed. 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. A discussion of the contentions advanced in counsel's brief would add nothing to the jurisprudence of the state. The judgment is affirmed.


Summaries of

Carter v. State

Court of Appeals of Texas, Eighth District, El Paso
Feb 25, 2004
No. 08-02-00119-CR (Tex. App. Feb. 25, 2004)
Case details for

Carter v. State

Case Details

Full title:DONALD RAY CARTER, II, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 25, 2004

Citations

No. 08-02-00119-CR (Tex. App. Feb. 25, 2004)