Rosendo Torres v. The State of Texas--Appeal from 283rd District Court of Dallas County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00031-CR Rosendo Torres, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF DALLAS COUNTY, 283RD JUDICIAL DISTRICT NO. F-9603701-WT, HONORABLE PAUL BANNER, JUDGE PRESIDING MEMORANDUM OPINION Appellant Rosendo Torres pleaded guilty to possessing more than 400 grams of methamphetamine with intent to deliver. Tex. Health & Safety Code Ann. § 481.112(a), (f) (West Supp. 2003). The district court adjudged him guilty and assessed punishment at twenty years in prison and a $10,000 fine. 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, who 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. __________________________________________ Jan P. Patterson, Justice Before Chief Justice Law, Justices B. A. Smith and Patterson Affirmed Filed: November 20, 2003 Do Not Publish 2

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