William Douglas Reece v. State

Opinion issued December 2, 2004













In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00071-CR

____________


WILLIAM DOUGLAS REECE, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from County Court at Law No. 1

Galveston County, Texas

Trial Court Cause No. 218914




 

MEMORANDUM OPINION

               Appellant, William Douglas Reece, pleaded no contest to misdemeanor driving while intoxicated with a plea bargain agreement after the trial court denied his motion to suppress. The trial court followed the plea bargain agreement, sentencing appellant to confinement for 180 days and a fine of $1000, suspended, and placement on community supervision for 24 months. The trial court’s certification of appellant’s right to appeal states that this is a plea-bargained case, but appellant has the right to appeal matters that were raised and ruled on before trial. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel’s 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 that demonstrates the lack of arguable grounds of error. 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).

               Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant 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 without merit.

               We therefore affirm the judgment of the trial court.

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

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).