From Casetext: Smarter Legal Research

Payne v. State

Court of Appeals of Texas, First District, Houston
Mar 3, 2005
No. 01-04-00959-CR (Tex. App. Mar. 3, 2005)

Opinion

No. 01-04-00959-CR

Opinion issued March 3, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 405th District Court, Galveston County, Texas, Trial Court Cause No. 02CR1205.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


Appellant, Brianna Kay Payne, pleaded guilty to the offense of robbery, and the trial court assessed punishment at confinement for six years, suspended, with placement on community supervision for six years. The State subsequently filed a motion to revoke community supervision to which appellant pleaded not true. After a hearing, the trial court found that appellant had violated five conditions of her community supervision and sentenced her to confinement for four years. We affirm. Appellant's court-appointed counsel filed a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds of error to be advanced. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). The brief states that a copy was delivered to appellant, whom counsel advised by letter of her right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is wholly frivolous. We affirm the judgment of the trial court.

Counsel has a duty to inform appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).


Summaries of

Payne v. State

Court of Appeals of Texas, First District, Houston
Mar 3, 2005
No. 01-04-00959-CR (Tex. App. Mar. 3, 2005)
Case details for

Payne v. State

Case Details

Full title:BRIANNA KAY PAYNE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Mar 3, 2005

Citations

No. 01-04-00959-CR (Tex. App. Mar. 3, 2005)