Travis Lackey, Jr. v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00128-CR
Travis LACKEY, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CR-3577
Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 13, 2004

AFFIRMED

This is an appeal of a state jail felony conviction entered against Travis Lackey, Jr., for possession of a controlled substance less than one gram. Lackey pled nolo contendere to the offense, was granted deferred adjudication and was placed on community supervision for a period of three years. Subsequently, on January 13, 2004, the trial court revoked his deferred adjudication on a plea of true, and sentenced him to two years confinement in a state jail facility. We affirm the judgment of the trial court.

Lackey's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).

A copy of counsel's brief was delivered to Lackey, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant counsel's motion to withdraw. Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.--San Antonio 1997, no pet.); see also Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex. App.--San Antonio 1996, no pet.).

Phylis J. Speedlin, Justice

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