Flores, Porfirio v. State

Affirmed and Opinion filed December 5, 2002

Affirmed and Opinion filed December 5, 2002.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-02-00669-CR

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PORFIRIO FLORES, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 759,437

 

 

O P I N I O N

Appellant entered a plea of guilty to the offense of aggravated assault.  On March 17, 1999, the trial court deferred a finding of guilt and placed appellant on deferred adjudication probation for six years.  On January 17, 2002, the State filed a motion to adjudicate alleging appellant violated the terms and conditions of his deferred adjudication.  On March 17, 1998, the State filed a first and second amended motion to adjudicate.  On May 30, 2002, the trial court granted the motion to adjudicate, found appellant guilty and sentenced appellant to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.


Appellant=s appointed counsel filed a brief in which she concludes the appeal is wholly frivolous and without merit.  The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L. Ed. 2d 493 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state.

Accordingly, the judgment of the trial court is affirmed.

 

PER CURIAM

 

Judgment rendered and Opinion filed December 5, 2002.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish C Tex. R. App. P. 47.3(b).