OPINION
ONION, Presiding Judge.This appeal arises out of a conviction for burglary of a habitation. See V.T.C.A., Penal Code, § 30.02. The punishment assessed by the court was five (5) years’ confinement in the Department of Corrections.
Appellant’s court-appointed counsel on appeal has filed a brief in which he concludes that the appeal is frivolous and wholly without merit. Aware of his duties under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969), counsel has served a copy of his brief upon the appellant and advised him of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed, and the State has filed no brief.
While counsel’s brief does not advance any arguable grounds of error, it does contain a professional evaluation of the record demonstrating just why it is not feasible to advance such contentions. In Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974), we held that such a professional evaluation was sufficient to meet the requirements of Anders v. California, supra.
An examination of the record discloses that the appeal is wholly frivolous and without merit. The record discloses that the second count and an enhancement paragraph were dismissed prior to appellant’s guilty plea before the court. The appellant was then properly admonished in accordance with Article 26.13, Vernon’s Ann.C.C.P. Appellant made a judicial confession as to the offense charged in the first count of the indictment and stipulated other evidence, all sufficient to support the judgment.
The judgment should be affirmed.
The State has filed no brief and does not challenge the right of the appellant to pursue this appeal. Except for the .dissent’s insistence that the appeal be dismissed rather than affirmed, there exists no necessity for further discussion. The dissent would urge that the appellant had waived his right of appeal and that he should not now be accorded an appeal.
The record reflects that March 30, 1976 the appellant was sentenced and he waived notice of appeal orally and in writing. On April 9,1976 he filed a pro se written notice of appeal. On the same date the court added an addendum to the sentence as follows:
“On this the 9th day of April, A.D. 1976, the Defendant by and through a letter to the Court excepted to the ruling and judgment of the Court herein and gives notice of appeal to the Court of Criminal Appeals of the State of Texas, Austin, Texas. And inasmuch as notice of appeal is given herein, execution of the sentence is deferred to await the judgment and order of our Court of Criminal [Appeals] in this behalf.”
A docket sheet entry on the same date is of similar import. Subsequently the appellant filed a pauper’s oath, and counsel other than trial counsel was appointed by the trial court for the purpose of appeal. The appellate record was then prepared and approved by the trial court. It was then forwarded to this court.
It is clear that the trial judge permitted the withdrawal of the waiver of *390notice of appeal and consented to this appeal. See and cf. Reed v. State, 516 S.W.2d 680 (Tex.Cr.App.1974); Abron v. State, 531 S.W.2d 643, 645 (Tex.Cr.App.1976); Ex parte Dickey, 543 S.W.2d 99 (Tex.Cr.App. 1976). The trial court here did exactly what most fair-minded trial courts would do under the same circumstances.
For the reasons stated, the judgment is affirmed.