Jackobi Tabago Holland v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-022 CR ____________________

JACKOBI TABAGO HOLLAND, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 87440

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MEMORANDUM OPINION ⁽¹⁾  

A jury found Jackobi Tabago Holland guilty of a second degree felony offense, namely, possession of a controlled substance. See Tex. Health & Safety Code Ann. § 481.115(a),(d) (Vernon 2003). The trial court sentenced Holland to ten years' confinement, but suspended imposition of the sentence and placed Holland on community supervision for ten years, subject to certain conditions.

Retained appellate counsel filed a brief concluding the appellate record presents no error that would arguably support an appeal. ⁽²⁾

On September 2, 2004, Holland was given an extension of time in which to file a pro se brief if he so desired. Holland did not file a pro se brief.

We have reviewed the clerk's record and the reporter's record. Neither record reveals any arguable error meriting further briefing. Further, the sentence imposed is within the punishment range authorized by statute. See Tex. Pen. Code Ann. § 12.33 (Vernon 2003). We affirm the trial court's judgment.

AFFIRMED.

PER CURIAM

Submitted on January 27, 2005

Opinion Delivered February 2, 2005

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. Tex. R. App. P. 47.4.

2. Our obligation to review the record for arguable error applies only in cases where counsel has been appointed to represent an indigent defendant.

See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App.1978). However, we are not prohibited from conducting our own review of the record for arguable error in a case where retained counsel files a brief conceding there is no error in the judgment.