Whaley, Verne Lee v. The State of Texas--Appeal from 180th District Court of Harris County

Affirmed and Memorandum Opinion filed January 27, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-00835-CR

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VERNE LEE WHALEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 971,369

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

Appellant was convicted of manufacture or delivery of less than one gram of cocaine. The trial court sentenced appellant, in accordance with the jury=s recommendation, to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice, and assessed a $10,000 fine. Appellant filed a timely notice of appeal.

Appellant retained counsel to represent him on appeal. Counsel filed a motion to withdraw from her representation of appellant because, after reviewing the record, she concluded that the appeal is wholly frivolous and without merit, purportedly under the authority of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The Anders procedural safeguards are not applicable, however, to an appellant who is represented by a retained attorney. See Nguyen v. State, 11 S.W.3d 376, 379 (Tex. App.BHouston [14th Dist.] 2000, no pet.).

This court granted counsel=s motion to withdraw, and ordered that appellant had thirty days to file a pro se brief or to obtain new counsel to file a brief on his behalf. More than thirty days have elapsed, and appellant has not filed a pro se brief, had an attorney file a brief on his behalf, or responded to this court=s order. Accordingly, we review this case without the benefit of briefs.

We have reviewed the record on appeal and agree with appellant=s former appellate attorney that the appeal lacks merit. Accordingly, we affirm the judgment of the trial court. See Nguyen, 11 S.W.3d at 379-80.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 27, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

Do not publish C Tex.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