Carlos Garcia v. The State of Texas--Appeal from 119th District Court of Tom Green County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00460-CR Carlos Garcia, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT NO. B-01-0415-S, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING MEMORANDUM OPINION Appellant Carlos Garcia pleaded guilty to an indictment accusing him of possessing between four and two hundred grams of cocaine with intent to deliver. Tex. Health & Safety Code Ann. ' 481.115(a), (d) (West Supp. 2003). The district court adjudged him guilty and assessed punishment at twenty years= imprisonment. Appellant=s court-appointed attorney filed a brief concluding 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); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). 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 reviewed the record and counsel=s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel=s motion to withdraw is granted. The judgment of conviction is affirmed. Lee Yeakel, Justice Before Justices Kidd, Yeakel and Patterson Affirmed Filed: March 13, 2003 Do Not Publish 2
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