Charles Loraine Phillips v. The State of Texas--Appeal from Criminal District Court of Jefferson County

MEMORANDUM OPINION
No. 04-03-00517-CR
Charles Loraine PHILLIPS,
Appellant
v.
The STATE of Texas,
Appellee
From the Criminal Judicial District Court, Jefferson County, Texas
Trial Court No. 85838
Honorable Larry Gist, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: March 3, 2004

AFFIRMED

Appellant Charles Loraine Phillips was indicted for the offense of possession of marijuana in an amount between fifty and two thousand pounds. Phillips waived a jury trial and entered a plea of nolo contendere. After the preparation of a pre-sentencing investigation report and hearing arguments of counsel, the trial court found Phillips guilty and sentenced him to eight years imprisonment. Phillips timely filed a notice of appeal. His court-appointed appellate attorney filed a brief in which he raises one arguable point of error, ineffective assistance of counsel, but nonetheless concludes that this appeal is frivolous and without merit. Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that appellant was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief. Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Phillips did not file a pro se brief.

We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw. Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.); Bruns 924 S.W.2d at 177 n.1.

Karen Angelini, Justice

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