Mark Alfred Villarreal v. The State of Texas--Appeal from 22nd District Court of Hays County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-597-CR
BOBBY JOE WALKER,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT
NO. 92-077, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING

PER CURIAM

After accepting appellant's plea of no contest and hearing his judicial confession, the district court found him guilty of possessing less than 28 grams of cocaine with intent to deliver. Tex. Health & Safety Code Ann. 481.112 (West 1992). The court assessed punishment, enhanced by a previous felony conviction, at imprisonment for forty-five years.

Appellant's court-appointed attorney filed a brief in which he concludes that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). A copy of counsel's brief was delivered to appellant, and appellant was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have carefully reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal.

The judgment of conviction is affirmed.

 

[Before Justices Powers, Kidd and B. A. Smith]

Affirmed

Filed: April 7, 1993

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