Jack, Johnathan Derrick v. State

Opinion issued December 2, 2004










In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-00-00953-CR

____________


JOHNATHAN DERRICK JACK, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 838956




 

MEMORANDUM OPINION

               A jury convicted appellant, Johnathan Derrick Jack, of delivery of less one gram of cocaine. Appellant pleaded true to the allegations in two enhancement paragraphs that he had prior felony convictions. The jury assessed punishment at confinement for 10 years and a fine of $2000. 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 she served a copy of the brief on appellant. Counsel also advised appellant 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Do not publish.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).