Noel Torres 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. 03-02-00665-CR Noel Torres, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT NO. B-97-0128-S, HONORABLE BEN WOODWARD, JUDGE PRESIDING MEMORANDUM OPINION Appellant Noel Torres was placed on community supervision after being convicted on his plea of guilty to felony driving while intoxicated. See Tex. Pen. Code Ann. '' 49.04(a), .09(b)(2) (West 2003). His supervision was revoked and sentence of six years= imprisonment and a $500 fine was imposed after he pleaded true to several of the allegations in the State=s motion to revoke. Torres=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 Torres, and he 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. The order revoking community supervision is affirmed. Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Affirmed Filed: May 8, 2003 Do Not Publish 2
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