Colt Daniel Harmon v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

No. 04-00-00325-CR
Colt Daniel HARMON,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CR-3666A
Honorable Mary Roman, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Tom Rickhoff, Justice

Karen Angelini, Justice

Delivered and Filed: March 28, 2001

AFFIRMED

Colt Daniel Harmon was charged with possession of a controlled substance. He pleaded nolo contendere to the charge, pursuant to a plea bargain, and the trial court found him guilty of the charged offense. On February 29, 2000, the trial court suspended his sentence and placed Harmon on community supervision for six years.

On March 17, 2000, the State filed a motion to revoke Harmon's probation. At a hearing on the motion, Harmon pleaded true to the allegation that he "operat[ed] a motor vehicle without the permission of the Court" in violation of his community supervision. The trial court revoked his probation and sentenced Harmon to six years confinement in the Texas Department of Criminal Justice - Institutional Division. Harmon filed this appeal.

Robert A. Leahey filed a motion to withdraw as Harmon's appellate counsel. In his motion, Leahey "reviewed the case extensively, and determined that any appeal would be frivolous." This court granted Leahey's motion. In doing so, we noted that Harmon has the right to file a pro se brief or retain new counsel on his behalf. We also granted Harmon until February 19, 2001, to file a brief. No brief was filed.

Because Harmon has not responded to our order, we reviewed the record in its entirety. See Nguyen v. State, 11 S.W.3d 376, 380 (Tex. App.-Houston [14th Dist.] 2000, no pet.). We agree with Leahey that this appeal lacks merit. The trial court's judgment is affirmed.

PER CURIAM

DO NOT PUBLISH