Donnie Ray Sanders, Jr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-98-00314-CR


Donnie Ray Sanders, Jr., Appellant

v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT

NO. 97-040, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING


PER CURIAM

A jury found appellant Donnie Ray Sanders, Jr., guilty of delivering less than one gram of cocaine. Tex. Health & Safety Code Ann. § 481.112(a), (b) (West Supp. 1999). The district court assessed punishment at incarceration in a state jail for two years and a $500 fine.

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 Chief Justice Aboussie, Justices Kidd and Patterson

Affirmed

Filed: May 6, 1999

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