Billy Wayne McDaniel v. The State of Texas--Appeal from 87th District Court of Freestone County

IN THE

TENTH COURT OF APPEALS

No. 10-98-280-CR

BILLY WAYNE McDANIEL,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 97-086-CR

O P I N I O N

On February 27, 1998, Billy Wayne McDaniel was convicted of bail jumping and failure to appear. He was sentenced to three years imprisonment, suspended, and placed on seven years community supervision. The State filed a motion to revoke probation, asserting that McDaniel failed to comply with the terms of community supervision. The court found that McDaniel had violated the terms of probation, revoked his probation, and sentenced him to three years in prison. McDaniel filed a notice of appeal from the court s decision to revoke his probation.

Counsel has filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); Wilson v. State, 955 S.W.2d 693 (Tex. App. Waco 1997) (order discussing procedures for Anders appeal, revisiting Johnson v. State, 885 S.W.2d 641, 646 (Tex. App. Waco 1994, pet. ref d)). Counsel states that he has diligently reviewed the record and is of the opinion that the record reflects no reversible error. We have independently reviewed the record, and we are satisfied that counsel 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). We have determined that counsel correctly concluded that the appeal is frivolous. Id.

Counsel advised McDaniel of his right to review the record and to file a pro-se response on his own behalf. McDaniel has not filed a response. See Wilson, 955 S.W.2d at 698. Thus, because we have no viable points of error to consider, the judgment is affirmed.

BILL VANCE

Justice

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Affirmed

Opinion delivered and filed August 18, 1999

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