Howard Piert v. State

Motion to Withdraw Granted; Affirmed and Memorandum Opinion filed April 26, 2012. In The Fourteenth Court of Appeals ____________ NO. 14-11-00559-CR ____________ HOWARD PIERT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 263rd District Court Harris County, Texas Trial Court Cause No. 1292422 MEMORANDUM OPINION A jury convicted appellant of possession of less than one gram of cocaine. Appellant entered a plea of true to the two enhancement paragraphs in the indictment. On June 17, 2011, the trial court sentenced appellant to confinement for four and one-half years in the Institutional Division of the Texas Department of Criminal Justice, in accordance with the jury’s verdict. Appellant filed a timely notice of appeal. Appellant’s appointed counsel filed a brief in which he concludes that 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 (1967), by presenting a professional evaluation of the record and 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, 512 (Tex. Crim. App. 1991). As of this date, more than sixty days has passed and 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. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005). Accordingly, the judgment of the trial court is affirmed. PER CURIAM Panel consists of Justices Boyce, Christopher, and Jamison. Do Not Publish — Tex. R. App. P. 47.2(b). 2