Eric Carter v. The State of Texas--Appeal from 390th District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-06-00686-CR Eric Carter, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT NO. D-1-DC-06-203219, HONORABLE FRED A. MOORE, JUDGE PRESIDING MEMORANDUM OPINION After his motion to suppress evidence was overruled, appellant Eric Carter pleaded guilty to possessing less than one gram of cocaine. See Tex. Health & Safety Code Ann. § 481.115 (West 2003). The district court adjudged him guilty and sentenced him to six months in state jail. 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). Appellant 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. The judgment of conviction is affirmed. ___________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Puryear and Henson Affirmed Filed: August 31, 2007 Do Not Publish 2