Michael E. Merritt v. The State of Texas--Appeal from 27th District Court of Bell County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00693-CR Michael E. Merritt, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 50107, HONORABLE JOE CARROLL, JUDGE PRESIDING MEMORANDUM OPINION In January 2000, appellant Michael E. Merritt pleaded guilty to possessing more than one gram of cocaine. See Tex. Health & Safety Code Ann. ยง 481.115 (West 2003). He also admitted having two previous felony convictions. The court deferred adjudication and placed Merritt on community supervision. In September 2004, the court adjudicated Merritt guilty after a hearing on the State s motion and sentenced him to twenty-five years imprisonment. Merritt 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). Merritt received a copy of counsel s brief and 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. ___________________________________________ Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Pemberton Affirmed Filed: June 16, 2005 Do Not Publish 2