Jose Martin Rodriguez v. State

Opinion issued October 28, 2004













In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-04-00451-CR

          01-04-00452-CR

____________


JOSE MARTIN RODRIGUEZ, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause Nos. 956055 and 956099




 

MEMORANDUM OPINION

               Appellant, Jose Martin Rodriguez, pleaded guilty to possession with intent to deliver at least 400 grams of cocaine in cause number 956055 and to attempted escape while under arrest in cause number 956099. After preparation of a presentence investigation report, the trial court assessed punishment at confinement for 17 years and a $5000 fine in the controlled substance case and six months in state jail in the attempted escape case. We affirm.

               Appellant’s court-appointed counsel filed a brief concluding that the appeals are 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 appeals are wholly frivolous.


               We affirm the judgments of the trial court.

                                                     PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

Do not publish.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