Nedia Jean Mitchell v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

99-00666 Mitchell v State of Texas.wpd No. 04-99-00666-CR
Nedia Jean MITCHELL,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 94-CR-5003
Honorable Mary Roman, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: June 14, 2000

AFFIRMED

The trial court convicted Nedia Jean Mitchell upon her plea of nolo contendere for delivery of under twenty eight grams of cocaine, a first degree felony. Pursuant to a plea bargain, the court entered a sentence of ten years confinement but suspended the sentence imposing a period of ten years of community supervision.

Later, the State filed a motion to revoke Mitchell's probation alleging Mitchell violated a condition of her probation by using marijuana. Although Mitchell pled true, the trial court denied revocation on the understanding that if Mitchell violated her probation by subsequent drug use, she would be sent to prison. On the State's second motion to revoke, filed six months later, Mitchell pled true to allegations of cocaine use. See Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. 1979)(holding plea of true sufficient to support probation revocation). The trial court accepted Mitchell's plea and sentenced her to seven years confinement in the Texas Department of Criminal Justice - Institutional Division, a sentence within the terms of her plea agreement.

Mitchell's attorney filed a brief in which she concluded that the appeal is wholly frivolous and without merit. The brief satisfies the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. Counsel mailed a copy of her brief to Mitchell and advised her of her right to proceed pro se on appeal. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.-San Antonio 1997, no pet.). Mitchell has not filed a brief in this case.

After a review of the record and counsel's brief, we agree that the appeal is frivolous and without merit. Accordingly, we affirm the judgment of the trial court and grant counsel's motion to withdraw. See id. at 86.

Catherine Stone, Justice

DO NOT PUBLISH