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Servantes v. State

Court of Appeals of Texas, First District, Houston
Mar 3, 2005
No. 01-04-00851-CR (Tex. App. Mar. 3, 2005)

Opinion

No. 01-04-00851-CR

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 DO NOT PUBLISH.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

On Appeal from the 23rd District Court, Brazoria County, Texas, Trial Court Cause No. 44769.

Panel consists of Chief Justice RADACK, and Justices HIGLEY and BLAND.


MEMORANDUM OPINION


Appellant, Ysidro Servantes, Jr., pleaded not guilty to a charge of possession of less than one gram of cocaine. A jury found him guilty, and the trial court assessed punishment at confinement for one year in state jail, suspended, with placement on community supervision for two years, and a fine of $600. 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 of his 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

Servantes v. State

Court of Appeals of Texas, First District, Houston
Mar 3, 2005
No. 01-04-00851-CR (Tex. App. Mar. 3, 2005)
Case details for

Servantes v. State

Case Details

Full title:YSIDRO SERVANTES, JR., Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 3, 2005

Citations

No. 01-04-00851-CR (Tex. App. Mar. 3, 2005)