Carter, Albert Oneal v. State

Affirmed and Memorandum Opinion filed September 14, 2006

Affirmed and Memorandum Opinion filed September 14, 2006.

 

 

In The

 

Fourteenth Court of Appeals

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NO. 14-06-00308-CR

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ALBERT O=NEAL CARTER, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 888084

 

 

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to the offense of aggravated assault.  In accordance with a plea agreement with the State, the trial court signed an order on September 20, 2001, deferring adjudication of guilt, assessing a fine of $500.00, and placing appellant on community supervision for six years.  The State subsequently filed a motion to adjudicate guilt.  On March 30, 2006, the trial court sentenced appellant to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a notice of appeal.


Appellant=s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), 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 by letter dated June 27, 2006, 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. (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 Memorandum Opinion filed September 14, 2006.

Panel consists of Justices Anderson, Hudson, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).