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Monday v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 15, 2005
No. 05-03-01807-CR (Tex. App. Feb. 15, 2005)

Opinion

No. 05-03-01807-CR

Opinion Filed February 15, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F00-01561-WI. Affirmed.

Before Justices MORRIS, FRANCIS, and LANG-MIERS


MEMORANDUM OPINION


Anthony Monday appeals his conviction for possession with intent to deliver methamphetamine in an amount of four grams or more but less than 200 grams. In 2000, appellant entered a negotiated nolo contendere plea to the charge, was placed on deferred adjudication community supervision for ten years, and was assessed a $1500 fine. In 2003, during the period of deferred adjudication, the State filed a motion to proceed with adjudication of guilt alleging appellant had violated several conditions of community supervision. Appellant entered a plea of true to each of the State's allegations and testified about the violations during the hearing on the State's motion. The trial court adjudicated appellant guilty, revoked his community supervision, and assessed punishment at eight years confinement. This appeal followed. Appellant's attorney filed a brief in which he 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. Appellant, however, 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.


Summaries of

Monday v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 15, 2005
No. 05-03-01807-CR (Tex. App. Feb. 15, 2005)
Case details for

Monday v. State

Case Details

Full title:ANTHONY MONDAY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 15, 2005

Citations

No. 05-03-01807-CR (Tex. App. Feb. 15, 2005)