Opinion
No. 10-06-00049-CR
Opinion delivered and filed August 30, 2006. DO NOT PUBLISH.
Appeal from the 52nd District Court, Coryell County, Texas, Trial Court No. Fdwi-03-16960. Affirmed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Rolando Ibarra was convicted of the felony offense of driving while intoxicated and was placed on community supervision. The trial court revoked his community supervision and sentenced him to 8 years in prison. Ibarra appeals. Ibarra's counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). We affirm. In the brief, counsel asserts that she reviewed the complete reporter's and clerk's records in search of potentially meritorious grounds of error on appeal. Counsel concludes that the appeal is frivolous. Although counsel informed Ibarra of the right to file a brief, Ibarra did not file a brief. The State did not file a response. We must, "after a full examination of all the proceedings, . . decide whether the case is wholly frivolous." Anders, 386 U.S. at 744; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex.Crim.App. 1991); Coronado v. State, 996 S.W.2d 283, 285 (Tex.App.-Waco 1999, order) (per curiam), disp. on merits, 25 S.W.3d 806 (Tex.App.-Waco 2000, pet. ref'd). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n. 10, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988). Arguments are frivolous when they "cannot conceivably persuade the court." Id. at 436. An appeal is not wholly frivolous when it is based on "arguable grounds." Stafford, 813 S.W.2d at 511. We determine that the appeal is wholly frivolous. Accordingly, we affirm. Ibarra may request the Court of Criminal Appeals to review this decision by filing a petition for discretionary review with this Court within 30 days after the date of this opinion. TEX. R. APP. P. 68.2(a).