Kenneth D. Reading v. The State of Texas--Appeal from 147th District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00493-CR NO. 03-02-00494-CR Kenneth D. Reading, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NOS. 952337 & 952342, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING MEMORANDUM OPINION Kenneth D. Reading appeals from orders revoking community supervision and imposing eight-year prison sentences. In both cases, he was placed on supervision after being convicted of felony driving while intoxicated. Tex. Pen. Code Ann. ยงยง 49.04(a), .09(b) (West 2003). Reading s court-appointed attorney filed a brief concluding that the appeals are 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 records 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 Reading, who was advised of his right to examine the appellate records and to file a pro se brief. No pro se brief has been filed. We have reviewed the records and counsel s brief and agree that the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel s motion to withdraw is granted. The orders revoking community supervision are affirmed. Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Affirmed Filed: June 19, 2003 Do Not Publish 2

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