Ysidro Servantes v. State

Opinion issued March 3, 2005










In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00851-CR

____________


YSIDRO SERVANTES, JR., Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 44769




 

MEMORANDUM OPINION

               Appellant, Ysidro Servantes, Jr., pleaded not guilty to a charge of possession of less than one gram of cocaine. A jury found him guilty, and the trial court assessed punishment at confinement for one year in state jail, suspended, with placement on community supervision for two years, and a fine of $600. 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`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.

                                                     PER CURIAM

Panel consists of Chief Justice Radack, and Justices Higley and Bland.

Do not publish.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