Henry Stone v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-99-00625-CR

Henry STONE,

Appellant

v.

The STATE of Texas,

Appellee

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 98-CR-6750

Honorable Mary Roman, Judge Presiding (1)

Opinion by: Alma L. L pez, Justice

Sitting: Phil Hardberger, Justice

Alma L. L pez, Justice

Paul W. Green, Justice

Delivered and Filed: September 13, 2000

AFFIRMED

The appellant, Henry Stone, was convicted for committing the offense of possession of cocaine, more than one gram but less than four grams. Stone pled guilty to the offense pursuant to a plea agreement in which the State agreed to a sentence of four years in prison and agreed to dismiss another pending felony charge in consideration for Stone's plea. The trial judge accepted Stone's plea and sentenced Stone in accordance with the terms of the plea agreement.

Stone subsequently filed a pro se notice of appeal and the trial court appointed an attorney to represent him. The attorney studied the record and determined that no meritorious issues existed for an appeal. The attorney then prepared an Anders brief stating that he had reviewed the record and concluded that the record contained no arguable points of error. See Anders v. State, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). The attorney advised Stone of the results of his review, provided Stone with a copy of his brief, advised Stone of his right to file a pro se brief, and asked to withdraw from representation. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.). Stone did not file his own brief.

We have reviewed the record and the brief. We agree with Stone's attorney that the appeal is frivolous and without merit. We affirm the judgment of the trial court and grant appellate counsel's motion to withdraw.

Alma L. L pez, Justice

DO NOT PUBLISH

1. The Honorable Stan Pemberton presided over the plea proceeding.