McGowen, Melford Jan v. The State of Texas--Appeal from 230th District Court of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-02-00130-CR
______________________________
MELFORD JAN MCGOWEN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th Judicial District Court
Harris County, Texas
Trial Court No. 820658
Before Morriss, C.J., Ross and Carter, JJ.
Opinion by Justice Carter
O P I N I O N

Melford Jan McGowen pled guilty to the offense of theft by worthless check in Harris County cause number 820658. See Tex. Pen. Code Ann. 31.03 (Vernon 2003). The property taken by McGowen had a value of at least $1,500.00, but less than $20,000.00, making the offense a state-jail felony. See Tex. Pen. Code Ann. 31.03(e)(4). The punishment range was, however, enhanced to that of a second-degree felony by virtue of McGowen's two prior, sequential felony convictions. See Tex. Pen. Code Ann. 12.42(a)(2) (Vernon 2003). The record indicates the parties had no agreement regarding punishment. The trial court assessed punishment at five years' imprisonment.

On October 2, 2002, McGowen's appellate counsel filed an Anders (1) brief in which he professionally discussed the record, described the issues reviewed, and concluded that there were no arguable grounds for appeal, and as required by Anders also filed a motion to withdraw. Counsel also sent McGowen a copy of the appellate brief and informed McGowen of his right to file a pro se brief and right to review the record.

This Court informed McGowen at that time that his brief, if any, was due to be filed within thirty days. As of this date, we have not received a pro se brief. We have reviewed the record and the brief filed by counsel in this appeal, and we agree that there are no arguable issues that would support an appeal in this case.

 

We affirm the trial court's judgment.

 

Jack Carter

Justice

 

Date Submitted: December 13, 2002

Date Decided: April 4, 2003

 

Do Not Publish

1. Anders v. California, 386 U.S. 738 (1967).