Lorenzo Gene Chaney v. The State of Texas--Appeal from 351st District Court of Harris County

IN THE

TENTH COURT OF APPEALS

No. 10-93-130-CR

LORENZO GENE CHANEY,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 351st District Court

Harris County, Texas

Trial Court # 662,122

O P I N I O N

A jury convicted Lorenzo Gene Chaney of possession of cocaine. Tex. Health & Safety Code Ann. 481.115 (Vernon Supp. 1996). Chaney stipulated to two enhancement counts, and the court assessed punishment at twenty-eight years' imprisonment. Tex. Penal Code Ann. 12.42 (Vernon Supp. 1996). His appointed attorney filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Based on our independent review of the record, we are satisfied that Chaney's attorney 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 appellate counsel correctly concluded that the appeal is frivolous. Id.

Chaney has not filed a pro-se brief or any requests for extensions. See Johnson v. State, 885 S.W.2d 641, 647 (Tex. App. Waco 1994) (interlocutory order discussing procedures for Anders appeals). Thus, because we have no viable points of error to consider, the judgment is affirmed. See Tex. R. App. P. 81(b)(2), 90(a).

PER CURIAM

Before Justice Cummings and

Justice Vance

Affirmed

Opinion issued and filed April 3, 1996

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