Opinion
No. 05-05-00956-CR
Opinion Filed January 24, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 401st Judicial District Court, Collin County, Texas Trial Court Cause No. 401-81099-03. Affirmed.
Before Justices WHITTINGTON, BRIDGES, and LANG-MIERS.
MEMORANDUM OPINION
Zachary Daniel Gage waived a jury trial and pleaded guilty to forgery. Pursuant to the plea agreement, the trial court deferred adjudicating guilt and placed appellant on two years' community supervision. Later, the State moved to proceed with adjudication of guilt, alleging appellant violated the terms of his community supervision. The trial court found the allegations true, adjudicated appellant guilty, and sentenced him to confinement for one year in a state jail facility. Appellant's attorney filed a brief in which she 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, but appellant 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.
Although the judge orally said three years' community supervision, the plea agreement provided for two years' supervision and the record reflects the judge approved the plea bargain. The order deferring adjudication of guilt shows two years' community supervision. Moreover, the order deferring adjudication of guilt is no longer in effect.