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Harris v. State

Court of Appeals of Texas, Twelfth District, Tyler
May 13, 2009
No. 12-07-00407-CR (Tex. App. May. 13, 2009)

Opinion

No. 12-07-00407-CR

Opinion delivered May 13, 2009. DO NOT PUBLISH.

Appeal from the 188th Judicial District Court of Gregg County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


Luke Harris appeals his conviction for possession of more than four hundred grams of cocaine, for which he was sentenced to imprisonment for twelve and one-half years. Appellant's counsel filed a brief in compliance with Anders v. California , 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State , 436 S.W.2d 137 (Tex.Crim.App. 1969). We dismiss the appeal.

Background

Appellant was charged with, among other things, possession of more than four hundred grams of cocaine and pleaded "guilty." The trial court found Appellant "guilty," and commenced a jury trial on punishment. Ultimately, the jury assessed Appellant's punishment at imprisonment for twelve and one-half years. The trial court sentenced Appellant accordingly, and this appeal followed.

Analysis Pursuant to Anders v. California

Appellant's counsel filed a brief in compliance with Anders v. California and Gainous v. State . Appellant's counsel states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in this case. In compliance with Anders , Gainous , and High v. State , 573 S.W.2d 807 (Tex.Crim.App. [Panel Op.] 1978), Appellant's brief presents a chronological summation of the procedural history of the case and further states that Appellant's counsel is unable to raise any arguable issues for appeal. We have likewise reviewed the record for reversible error and have found none.

Conclusion

As required by Stafford v. State , 813 S.W.2d 503 (Tex.Crim.App. 1991), Appellant's counsel has moved for leave to withdraw. See also In re Schulman , 252 S.W.3d 403, 407 (Tex.Crim.App. 2008) (orig. proceeding). We carried the motion for consideration with the merits. Having done so and finding no reversible error, Appellant's counsel's motion for leave to withdraw is hereby granted and the appeal is dismissed .


Summaries of

Harris v. State

Court of Appeals of Texas, Twelfth District, Tyler
May 13, 2009
No. 12-07-00407-CR (Tex. App. May. 13, 2009)
Case details for

Harris v. State

Case Details

Full title:LUKE HARRIS, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: May 13, 2009

Citations

No. 12-07-00407-CR (Tex. App. May. 13, 2009)