Opinion
No. 06-02-00193-CR.
Submitted: March 2, 2004.
Decided: March 30, 2004. DO NOT PUBLISH.
On Appeal from the County Court at Law, Hunt County, Texas, Trial Court No. CR0101587.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
Charged by information with the offense of driving while intoxicated, Gregory Bryan Crawford pled not guilty. After hearing the evidence, however, a Hunt County jury found Crawford guilty as charged and the trial court assessed punishment at 180 days' confinement, suspended for fifteen months, and ordered the suspension of his driver's license and payment of an $800.00 fine and $265.25 in court costs. In addition to filing a motion to withdraw, Crawford's appellate counsel has since filed a brief with this Court in which he concludes, after reviewing the record and relevant law, the appeal is frivolous and without merit. The brief contains a professional evaluation of the record, describes the issues reviewed, and concludes there are no arguable grounds for appeal. See Anders v. California, 386 U.S. 738 (1967); Wilson v. State, 40 S.W.3d 192 (Tex. App.-Texarkana 2001, no pet.); Williams v. State, 976 S.W.2d 871 (Tex. App.-Corpus Christi 1998, no pet.). Counsel also provided Crawford copies of the brief, clerk's record, and reporter's record, advising him of his right to file a brief pro se; nevertheless, Crawford has neither filed a brief nor has he otherwise communicated with this Court. Crawford's appellate counsel reviewed the record, noted trial counsel's motion to exclude certain evidence and objection to testimony by one of the witnesses for the prosecution, but concluded that, because the trial court did not rule on the motion and because neither a limiting instruction was requested nor a motion for mistrial made, nothing was preserved for appeal. Despite a motion for new trial, there is nothing in the record to show that any testimony was given or that a hearing was held; therefore, the motion was overruled by operation of law. Having independently reviewed the record and the brief filed by Crawford's appellate counsel, we agree there are no arguable issues that would support an appeal in this case. Accordingly, we affirm the trial court's judgment.