Roderick Deshawn Ward v. The State of Texas--Appeal from Crim Dist Ct 3 of Dallas Co of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-97-057-CR

&

No. 10-97-058-CR

RODERICK DESHAWN WARD,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the Criminal District Court No. 3

Dallas County, Texas

Trial Court Nos. F93-56961-J & F93-56962-J

O P I N I O N

In May of 1993, Roderick Deshawn Ward was found guilty of unlawful delivery of a controlled substance and placed on ten-years probation. // In December of 1996, the State filed a motion to revoke probation, alleging a violation of the conditions of probation. The court admonished Ward that it only took one violation to revoke his probation. He pled true to two of the alleged violations. The court determined that all three alleged violations had occurred, revoked his probation, and sentenced him to ten years in each case.

Ward s attorney filed an Anders brief. See Anders v. California, 386 S.W.2d 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). We have independently reviewed the record, and we are satisfied that Ward s attorney has thoroughly searched the record for any arguable appellate claim. McCoy v. Court of Appeals of Wisconsin Dist. 1, 486 U.S. 429, 442, 108 S. Ct. 1895, 1904, 100 L. Ed. 2d 440 (1988). Ward pled true to two allegations of probation violation. One plea of true would allow the trial court to revoke his probation. Cole v. State, 578 S.W.2d 127, 128 (Tex. Crim. App. 1979); Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim. App. 1980). Regardless of the sufficiency of the evidence to support the third allegation, the revocation of probation was proper. We have determined that appellate counsel correctly concluded that the appeal is frivolous. Id.

Ward has not filed a pro-se brief or any requests for extensions. See Johnson v. State, 885 S.W.2d 641, 647 (Tex. App. Waco 1994, no writ) (interlocutory order discussing procedures for Anders appeals). Thus, because we have no viable points of error to consider, the judgment is affirmed. See Tex. R. App. P. 81(b)(2), 90(a).

BILL VANCE

Justice

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed September 17, 1997

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