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Ponce v. State

Court of Appeals of Texas, Third District, Austin
Sep 16, 2010
No. 03-10-00118-CR (Tex. App. Sep. 16, 2010)

Opinion

No. 03-10-00118-CR

Filed: September 16, 2010. DO NOT PUBLISH.

Appealed from the District Court of Concho County, 119th Judicial District, No. DSM-09-01684, Honorable Ben Woodward, Judge Presiding. Affirmed.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.


MEMORANDUM OPINION


The trial court found appellant Vic Eric Ponce guilty of possessing more than four grams of methamphetamine with intent to deliver. See Tex. Health Safety Code Ann. § 481.112(a), (d) (West Supp. 2009). The punishment is eight years' imprisonment. Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); 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). Appellant received a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. No pro se brief has been filed. We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Ponce v. State

Court of Appeals of Texas, Third District, Austin
Sep 16, 2010
No. 03-10-00118-CR (Tex. App. Sep. 16, 2010)
Case details for

Ponce v. State

Case Details

Full title:Vic Eric Ponce, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Sep 16, 2010

Citations

No. 03-10-00118-CR (Tex. App. Sep. 16, 2010)