B.J. Caldwell v. State

                                                            COURT OF APPEALS

                                                    EIGHTH DISTRICT OF TEXAS

                                                               EL PASO, TEXAS

 

B. J. CALDWELL,                                                )

                                                                              )               No.  08-02-00298-CR

Appellant,                          )

                                                                              )                    Appeal from the

v.                                                                           )

                                                                              )                283rd District Court

THE STATE OF TEXAS,                                     )

                                                                              )             of Dallas County, Texas

Appellee.                           )

                                                                              )               (TC# F-0239905-ST)

                                                                              )

 

 

MEMORANDUM   OPINION

 

Appellant, B. J. Caldwell, appeals his conviction for aggravated robbery.  Appellant waived his right to a jury trial and entered a negotiated plea of guilty.  The trial court found Appellant guilty and assessed his punishment in accordance with the plea bargain at imprisonment for a term of 15 years.  We affirm.


Appellant=s court-appointed counsel has filed a brief in which he has concluded the appeal is wholly frivolous and without merit.  The brief meets the requirements of Anders v. California, 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396, reh. denied, 388 U.S. 924, 18 L. Ed. 2d 1377, 87 S. Ct. 2094 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced.  See 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 has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief.  No pro se brief has been filed.

The record reflects that Appellant was admonished of the consequences of his guilty plea pursuant to Article 26.13 of the Texas Code of Criminal Procedure.  Appellant made a judicial confession admitting his guilt.  We have carefully reviewed the record and counsel=s brief, and agree that the appeal is wholly frivolous and without merit.  Further, we find nothing in the record that might arguably support the appeal.  The judgment is affirmed.

 

 

 

February 20, 2003

DAVID WELLINGTON CHEW, Justice

 

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

 

(Do Not Publish)