Malone, Kenneth Jerome v. State

Opinion issued January 2, 2003

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00712-CR

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KENNETH JEROME MALONE, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 890513

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MEMORANDUM OPINION

Appellant, Kenneth Jerome Malone, pleaded guilty to intoxication manslaughter without a plea bargain agreement. The trial court assessed punishment at 10 years' confinement. 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 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. ⁽¹⁾

PER CURIAM

Panel consists of Justices Taft, Alcala, and Price. ⁽²⁾

Do not publish. Tex. R. App. P. 47.

1.

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).

2.

The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.