Wagner, Michael Joe v. The State of Texas--Appeal from 179th District Court of Harris County

Affirmed and Opinion filed September 19, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-02-00177-CR

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MICHAEL JOE WAGNER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause No. 826,952

M E M O R A N D U M O P I N I O N

Appellant was charged with the felony offense of possession with intent to deliver a controlled substance, namely cocaine, weighing at least 400 grams. Appellant, without an agreement with the State as to punishment, pled guilty to the lesser included offense of possession of a controlled substance, namely cocaine, weighing at least 200 grams and not more than 400 grams. He also pled true to the allegation that he used a deadly weapon during the commission of the offense. After receiving a pre-sentence investigation report and hearing evidence, the trial court found appellant guilty and sentenced him to confinement in the Texas Department of Criminal Justice--Institutional Division for 25 years and a $10,000.00 fine. The trial court also entered an affirmative finding of the use of a deadly weapon during the commission of the offense.

Appellant=s appointed counsel filed a brief in which she 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, 18 L. Ed. 2d 493 (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 of the right to examine the appellate record and file a pro se response Appellant filed a pro se response brief on September 16, 2002.

After reviewing appellant=s response and the entire record, we agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the issues raised in 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 Opinion filed September 19, 2002.

Panel consists of Justices Yates, Anderson, and Frost.

Do Not Publish C Tex. R. App. P. 47.3(b).