Osby Lamont Phillips v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-98-00313-CR


Osby Lamont Phillips, Appellant

v.



The State of Texas, Appellee








FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT

NO. 18,968, HONORABLE CHARLES E. LANCE, JUDGE PRESIDING


PER CURIAM

In September 1996, after accepting his guilty plea and judicial confession, the district court found appellant guilty of possession of a firearm by a felon. Tex. Penal Code Ann. § 46.04 (West 1994). Pursuant to a plea bargain agreement, the court assessed punishment at imprisonment for six years, suspended imposition of sentence, and placed appellant on community supervision. In May 1998, a hearing was held on the State's motion to revoke. After appellant pleaded true to the alleged violations, the court revoked supervision and imposed the original sentence.

Appellant's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel's brief was delivered to appellant, and appellant was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal.

The judgment of conviction is affirmed.



Before Justices Powers, Aboussie and Kidd

Affirmed

Filed: November 13, 1998

Do Not Publish