Vaccaro, Paul v. The State of Texas--Appeal from 174th District Court of Harris County

Affirmed and Opinion filed August 21, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-03-00152-CR

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PAUL VACCARO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 741,108

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

Appellant entered a plea of no contest to the offense of driving while intoxicated with no agreed recommendation from the State. On July 25, 1997, the trial court found appellant guilty and sentenced appellant to ten years= confinement, a $500 fine and 180 hours of community service. The sentence was suspended and appellant was placed on community supervision for ten years. A motion to revoke probation was filed on December 5, 2001. The court found the allegations in the motion true, revoked appellant=s probation, and sentenced appellant to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal.

Appellant=s appointed counsel filed a brief in which he concludes 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), by 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. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). As of this date, 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. A discussion of 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 August 21, 2003.

Panel consists of Justices Yates, Hudson, and Fowler.

Do Not Publish C Tex. R. App. P. 47.2(b).