Smith, Bobby v. The State of Texas--Appeal from 351st District Court of Harris County

Affirmed and Opinion filed May 16, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-01-01091-CR

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BOBBY SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 886,413

M E M O R A N D U M O P I N I O N

Appellant entered a plea of guilty to the offense of delivery of a controlled substance. On September 21, 2001, the trial court sentenced appellant to confinement for 10 months in the State Jail Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal and his appointed counsel filed a supplemental notice of appeal.

Appellant's appointed counsel filed a brief in which he concludes that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree that the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed May 16,2002.

Panel consists of Justices Yates, Seymore, and Guzman.

Do not publish C Tex. R. App. P. 47.3(b).