Gaston, Reginald Bernard v. State







In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-02-00742-CR

____________


REGINALD BERNARD GASTON, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 895072





MEMORANDUM OPINION

          After appellant, Reginald Bernard Gaston, pleaded guilty to the felony offense of aggravated burglary, the jury assessed punishment at 26 years’ confinement in prison. We affirm.

          Appellant’s court-appointed counsel filed a motion to withdraw as counsel and 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 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.

          We grant counsel’s motion to withdraw from the case. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).

PER CURIAM

Do not publish. Tex. R. App. P. 47.4.