Marcus Dexter Holsome v. The State of Texas--Appeal from 2nd District Court of Cherokee County

NO. 12-02-00157-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

MARCUS DEXTER HOLSOME,

 
APPEAL FROM THE SECOND

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

 
CHEROKEE COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM

Appellant Marcus Dexter Holsome pleaded "guilty" to the offense of burglary of a habitation, and a jury assessed his punishment at two years of imprisonment. Appellant's counsel has filed an Anders brief stating that the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel's brief contains a professional evaluation of the record demonstrating why, under the controlling authorities, there is no error in the court's judgment. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978). Counsel served a copy of his brief on Appellant, and though Appellant was advised of his right to file a pro se brief by counsel and by this court, he has not done so.

We have conducted an independent review of the record in this case. We find nothing in the record that might arguably support the appeal. We agree with counsel that the appeal is wholly frivolous and without merit. Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974).

Therefore, we affirm the trial court's judgment and grant counsel's motion to withdraw.

Opinion delivered January 31, 2003.

Panel consisted of Worthen, C.J. and Griffith, J.

 
(DO NOT PUBLISH)