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Luis Fernando Prado, 08-02-00297-CR

Court of Appeals of Texas, Eighth District, El Paso
Mar 20, 2003
No. 08-02-00297-CR (Tex. App. Mar. 20, 2003)

Opinion

No. 08-02-00297-CR

March 20, 2003 DO NOT PUBLISH.

Appeal from v. Criminal District Court No. 3 THE STATE OF TEXAS, of Dallas County, Texas Appellee. (TC# F-9839499-RJ)

Before Panel No. 2: BARAJAS, C.J., McCLURE, and CHEW, JJ.


MEMORANDUM OPINION


Luis Fernando Prado appeals his conviction for possession of more than four grams but less than 200 grams of methamphetamine, enhanced by two prior felony convictions. Appellant waived his right to a jury trial and entered an open plea of guilty. The trial court deferred an adjudication of guilt and placed Appellant on community supervision for ten years. On the State's motion, the trial court later adjudicated Appellant's guilt and assessed his punishment at imprisonment for a term of thirty years. We affirm. Appellant's court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See 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 has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. Appellant has filed a pro se brief raising issues related to the original guilty plea and adjudication proceedings. We have carefully reviewed the record, counsel's brief and the pro se brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. A discussion of the grounds advanced in the pro se brief would add nothing to the jurisprudence of the state. The judgment is affirmed.


Summaries of

Luis Fernando Prado, 08-02-00297-CR

Court of Appeals of Texas, Eighth District, El Paso
Mar 20, 2003
No. 08-02-00297-CR (Tex. App. Mar. 20, 2003)
Case details for

Luis Fernando Prado, 08-02-00297-CR

Case Details

Full title:LUIS FERNANDO PRADO, Appellant

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Mar 20, 2003

Citations

No. 08-02-00297-CR (Tex. App. Mar. 20, 2003)