David Beck, Jr v. State

Opinion issued February 3, 2005









In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-00065-CR

____________


DAVID BECK, JR., Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 968064





MEMORANDUM OPINION


               Appellant, David Beck, Jr., pleaded guilty to the offense of aggravated assault of a family member and true to an enhancement allegation that he had a prior felony conviction. There was no plea bargain agreement, and the trial court ordered preparation of a presentence investigation report. At the subsequent punishment hearing, the trial court sentenced appellant to confinement for 40 years. 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Do not publish.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).