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Cogan v. State

Court of Appeals of Texas, Third District, Austin
Oct 28, 2004
No. 03-04-00324-CR (Tex. App. Oct. 28, 2004)

Opinion

No. 03-04-00324-CR

Filed: October 28, 2004. DO NOT PUBLISH.

Appeal from the District Court of Bell County, 264th Judicial District, No. 51461, Honorable Joe Carroll, Judge Presiding. Affirmed.

Before Chief Justice LAW, Justices KIDD and B.A. SMITH.


MEMORANDUM OPINION


After appellant Patrick Cogan pleaded guilty to possessing less than one gram of cocaine, he was adjudged guilty and placed on community supervision. See Tex. Health Safety Code Ann. § 481.115(a), (b) (West 2003). The State later moved to revoke Cogan's supervision, and he pleaded true to some of the alleged violations. The court revoked supervision and imposed a two-year state jail sentence. Cogan's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); 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 was delivered to Cogan, and he was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Cogan v. State

Court of Appeals of Texas, Third District, Austin
Oct 28, 2004
No. 03-04-00324-CR (Tex. App. Oct. 28, 2004)
Case details for

Cogan v. State

Case Details

Full title:PATRICK COGAN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Oct 28, 2004

Citations

No. 03-04-00324-CR (Tex. App. Oct. 28, 2004)