Narciso Garcia, Jr. v. The State of Texas Appeal from 401st Judicial District Court of Collin County (memorandum opinion)

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AFFIRM; and Opinion Filed April 2, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00958-CR NARCISO GARCIA, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-82045-2015 MEMORANDUM OPINION Before Justices Lang, Fillmore, and Schenck Opinion by Justice Fillmore Narcisco Garcia, Jr. appeals the revocation of his community supervision. Appellant pleaded guilty to possession of methamphetamine in an amount of four grams or more but less than 200 grams. After finding appellant guilty, the trial court assessed punishment, pursuant to a plea agreement, of ten years’ imprisonment, probated for seven years, and a $500 fine. The trial court later, following an evidentiary hearing, granted the State’s motion to revoke community supervision and sentenced appellant to nine years’ imprisonment and a $500 fine. On appeal, appellant’s attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel). We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court’s judgment. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 170958F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT NARCISO GARCIA, JR., Appellant No. 05-17-00958-CR On Appeal from the 401st Judicial District Court, Collin County, Texas Trial Court Cause No. 401-82045-2015. Opinion delivered by Justice Fillmore. Justices Lang and Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment revoking community supervision of the trial court is AFFIRMED. Judgment entered this 2nd day of April, 2018. –3–

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