TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 2044017, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING
In August 2005, appellant Ediberto Gaona pleaded guilty to felony driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West 2003), § 49.09 (West Supp. 2006). After adjudging him guilty and assessing punishment at six years' imprisonment and a $750 fine, the court suspended imposition of sentence and placed appellant on community supervision for four years. In November 2006, the court revoked supervision on the State's motion and imposed a modified sentence of three years' imprisonment.
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). Appellant received a copy of counsel's brief and 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. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted.
The judgment of conviction is affirmed.
__________________________________________
Diane Henson, Justice
Before Chief Justice Law, Justices Waldrop and Henson
Affirmed
Filed: October 19, 2007
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