No. 12-07-00367-CR
Opinion delivered July 31, 2008. DO NOT PUBLISH.
Appealed from the 173rd Judicial District Court of Henderson County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
PER CURIAM.
Melvin Wayne Smith appeals his conviction for delivery of a controlled substance. Appellant's counsel filed a brief in compliance with Anders v. California , 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and Gainous v. State , 436 S.W.2d 137 (Tex.Crim.App. 1969). We affirm.
Background
Appellant was charged by indictment with delivery of a controlled substance, cocaine, in an amount of less than one gram, a state jail felony. He pleaded "not guilty" and the case proceeded to a jury trial. The jury found Appellant guilty of delivery of a controlled substance as charged in the indictment, and the trial court assessed Appellant's punishment at twenty months of confinement in a state jail facility. This appeal followed. Analysis pursuant to Anders v. California
Appellant's counsel filed a brief in compliance with Anders and Gainous , stating that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. From our review of Appellant's brief, it is apparent that his counsel is well acquainted with the facts in this case. In compliance with Anders , Gainous , and High v. State , 573 S.W.2d 807, 812 (Tex.Crim.App. 1978), counsel's brief presents a chronological summation of the procedural history of the case and further states that counsel is unable to raise any meritorious issues for appeal. We have likewise reviewed the record for reversible error and have found none. Conclusion
As required by Stafford v. State , 813 S.W.2d 503, 511 (Tex.Crim.App. 1991), Appellant's counsel has moved for leave to withdraw. We carried the motion for consideration with the merits of the appeal. Having done so and finding no reversible error, Appellant's counsel's motion for leave to withdraw is hereby granted and the trial court's judgment is affirmed .