In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00174-CR
GARY LYNN MOORE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 251st District Court
Potter County, Texas
Trial Court No. 65,900-C, Honorable Leland W. Waters, Presiding
April 28, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Appellant, Gary Lynn Moore, was indicted for delivery of a controlled substance,
to-wit: cocaine, in an amount of one gram or more but less than four grams. 1 The
indictment further alleged two prior felony convictions for purposes of punishment. 2 The
jury convicted appellant of the indicted offense and, after finding the punishment
enhancement paragraphs “True,” sentenced appellant to serve 60 years in the
1
See TEX. HEALTH & SAFETY CODE ANN. § 481.112(c) (West 2010).
2
See TEX. PENAL CODE ANN. § 12.42(d) (West Supp. 2013).
Institutional Division of the Texas Department of Criminal Justice. Appellant appealed
and we will affirm.
Appellant’s attorney has filed an Anders brief and a motion to withdraw. Anders
v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 498 (1967). In support of his
motion to withdraw, counsel certifies that he has diligently reviewed the record, and in
his opinion, the record reflects no reversible error upon which an appeal can be
predicated. Id. at 744–45. In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.
Crim. App. 1978), counsel has candidly discussed why, under the controlling authorities,
there is no error in the trial court’s judgment. Additionally, counsel has certified that he
has provided appellant a copy of the Anders brief and motion to withdraw and
appropriately advised appellant of his right to file a pro se response in this matter.
Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). The Court has also
advised appellant of his right to file a pro se response. Appellant has not filed a
response.
By his Anders brief, counsel raises grounds that could possibly support an
appeal, but concludes the appeal is frivolous. We have reviewed these grounds and
made an independent review of the entire record to determine whether there are any
arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75,
109 S. Ct. 346, 102 L. Ed. 2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim.
App. 2005). We have found no such arguable grounds and agree with counsel that the
appeal is frivolous.
2
Accordingly, counsel’s motion to withdraw is hereby granted, and the trial court’s
judgment is affirmed.3
Mackey K. Hancock
Justice
Do not publish.
3
Counsel shall, within five days after this opinion is handed down, send his client a copy of the
opinion and judgment, along with notification of appellant=s right to file a pro se petition for discretionary
review. See TEX. R. APP. P. 48.4.
3