Rene Martinez v. The State of Texas--Appeal from 232nd District Court of Harris County

Opinion issued November 30, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00351-CR

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RENE MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 922294

MEMORANDUM OPINION

Appellant, Rene Martinez, pleaded guilty to the felony offense of controlled substance fraud without an agreement with the State as to punishment. The trial court deferred a finding of guilt and placed appellant on community supervision for a period of three years. The State subsequently filed a motion to adjudicate guilt to which the appellant pleaded true. After a hearing, the trial court found the allegations in the State s motion to be true, adjudicated guilt, and assessed punishment at confinement for two years. We affirm.

Appellant s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel s brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App. Houston [1st Dist.] 1992, pet. ref d).

Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel s brief. We find no reversible error in the record, and agree that the appeal is without merit.

We therefore affirm the judgment of the trial court.

We grant counsel s motion to withdraw. // See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App. Houston [1st Dist.] 2000, no pet.).

Any pending motions are denied as moot.

PER CURIAM

Panel consists of justices Taft, Keyes, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).